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OBJECTIVE CRIMINAL LIABILITY IN THE POLISH CRIMINAL CODE FROM 1997

100%

Lachowski J.

Studia Prawnicze

2006

nr 1(167)

125-137

There is a principle in Polish criminal law that criminal liability can not be inflicted unless there is guilty mind. However there are some exceptions to the rule in the criminal code from 1997r. The definition of recklessness and negligence in the section 9 paragraph 2 of the criminal code is the first one. According to this section, an actor acts recklessly or negligently if he has no intention to commit a criminal act although he commits it because he fails to exercise a duty of care (caution rules) which must be exercised in a certain situation, which he predicted or could have predicted. It is easy to notice that the proof of such failure is a condition under which criminal liability for a reckless or negligent act can be applied. These caution rules are objective, which means that an objective element of crime is included in the subjective condition of criminal liability (mens rea). Furthermore, in Polish criminal law all elements of crime, no matter whether they are objective or subjective, must be stated in the statute (section 1 paragraph 1 of the criminal code). If the fact, that the safety rules are rarely codified, is taken into consideration, it must be said that in case of reckless or negligent act not every element is expressed in the statute law, which is contrary to the principle 'nullum crimen sine lege'. Criminal responsibility for an act committed by an intoxicated actor in the state of insanity is another exception to the principle, that 'mens rea' is a basic element of crime. Polish legislator has not regulated which of these two sections must be applied when a man is killed by an insane actor if the insanity is caused by alcohol or drugs which the criminal predicted or could have predicted. The problem is of utmost importance as both sections include different sanctions. It must be said that if there is no proper regulation of a certain situation, the most advantageous solution for the actor should be chosen. It means that the criminal should be sentenced for an involuntary act of killing.

Realizacja przez administrację publiczną odpowiedzialności w ochronie środowiska

80%

Jabłoński M.

Studia Ecologiae et Bioethicae

2011

tom 9

nr 1

71-83

Environmental protection is an area of interdisciplinary, in which the rule is the use of concepts relevant to the legal sciences, natural sciences, engineering or chemical. Therefore, in practice they may mean different things depending on the conceptual context in which they are used. The concept, which draws attention to the rights and duties of citizens, public authorities or environmental organizations, is a responsibility in protecting the environment. The state authorities should support citizens in their efforts to protect and improve the environment. Ecological safety, which is to be provided by a public authority is a state of the environment that allows you to safely stay in it and use it. Instrument to ensure that safety is the protection of the environment, which acts as a directive interpretation when there are doubts as to the scope of duties, such duties and how they are implemented.

RUBBER NATURE OF DISPOSABLE OF THE ARTICLE 585 OF THE COMMERCIAL COMPANY CODE (Kauczukowy charakter dyspozycji z art. 585 Kodeksu spólek handlowych.)

60%

Potulski J. T. , Snarski T. S.

Pieniądze i Więź

2009

tom 12

nr 4(45)

153-158

The authors of the article present the basic for principle of substantive criminal law: 'nullum crimen sine lege', which means the inability to criminal prosecution without specifying the crime in the Criminal Code. In this context it is dangerous and inconsistent with the foregoing general rule to use the so-called rubber disposable in the creation of criminal law standards. Rubber disposables are characterized as vague and ambiguous. As the result any actual state of affairs can be found as an offence in accordance with their terms. An example of the use of rubber disposable by the Polish legislator is the current content of the Article 585 of Commercial Companies Code, defining the offence of working against the company. In the opinion of the authors of the article, this regulation may be even considered to be in contrary to the Constitution, specifically Article 42 paragraphs 1 sent 1 of the Constitution, under which criminal liability shall be subjected only the person, who has committed a criminal offence by statute in force at the time of its commission. Problems with the practical application of criminal law acts containing rubber disposables speaks for their critical assessment, and consequently need for removing from the criminal standards system. The authors do not deny the communis opinio, which speaks for criminal liability for working against the company, but it must be set out unequivocally, specifically, and in a manner consistent with the fundamental principles of criminal law in the Criminal Law standard.