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Odpowiedzialność za czyn ciągły po ostatnich nowelizacjach Kodeksu karnego

100%

Zientara A.

Studia Iuridica

2022

tom 93

302-317

This study contains an analysis of the amendments to the Polish Penal Code relating to the term of continuous act made by the Act of October 4, 2018, and the Act of June 19, 2020. The first Act introduced a new section to Article 12 of the Penal Code, which states that “anyone who, in short intervals, using one and the same or identical opportunity or in a similar manner commits two or more intentional misdemeanors against property, if the total value of the property justifies liability for the crime, shall be held liable as for a single crime.” This provision raises a number of doubts about the nature of the institution it introduces – whether it is a type of continuous crime or a real concurrence of misdemeanors. The study also includes an analysis of the second amendment, which changed the penalty for a continuous act. An attempt is then made to evaluate the changes introduced by these two Acts.

Time periods for expungement of convictions involving fines and restriction of liberty

100%

Zientara A.

Studia Iuridica

2023

tom 100

321-332

The subject of the article is the problem of limitation periods for expunging a conviction in Polish criminal law in a situation where a fine or restriction of liberty was imposed. The study evaluates the current state of the law, which provides for expunging a conviction imposing a fine with the lapse of one year from the enforcement of the penalty, its remittance or the expiration of the limitation period for its enforcement, and for the penalty of restriction of liberty with the lapse of three years. The Ministry of Justice’s proposals to amend Article 107 of the Penal Code were also analyzed. In addition, the article discusses the problem of expunging a conviction when cumulative punishments are imposed – a fine or a sentence of restriction of liberty in addition to imprisonment. It was noted that the Penal Code lacks rules for expunging this type of conviction. The article assumes that in a situation where a conviction consists of more than one penalty, the conditions for expunging the conviction of all these penalties must be jointly met in order for such a conviction to be expunged.

Ustawowe ujęcie przestępstwa rozboju w prawie czeskim i słowackim w porównaniu do rozwiązań przyjętych w polskim kodeksie karnym

63%

Radecki W. , Zientara A.

Studia Iuridica

2021

tom 89

287-316

This article introduces readers to the regulation of the act of robbery in the Czech and Slovak penal codes. The solutions adopted in the Czech Republic and Slovakia have been presented by comparing them to the regulation of the act of robbery contained in the Polish Penal Code. The perormed analysis showed that there are significant differences between the regulation of the act of robbery in the Czech Republic and Slovakia, and the solutions adopted in the Polish Penal Code. For example, the qualifying types of robbery were presented differently. Moreover, in the Czech Republic and Slovakia the act of robbery takes place already at the moment of conducting violence to seize property, while in Poland it takes place at a later stage – with the actual seizure of someone else’s property. What is already a robbery under Czech and Slovak law, is only an attempt according to the Polish Penal Code. The article also compares severity of penalties for robbery in Poland, the Czech Republic and Slovakia, and presents the options for liability of collective entities for robbery in these three countries.