Wyniki wyszukiwania - Biblioteka Nauki

1

Możliwość odebrania zwierzęcia stwarzającego zagrożenie dla życia lub zdrowia osób lub innych zwierząt

100%

Szczepańska-Kulik I.

Zeszyty Prawnicze BAS

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2023

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nr 3(79)

159-166

EN

The proposed amendment to the Animal Welfare Act would add a provision that would allow an animal that poses a risk to human life or health or to other animals to be taken away, as is the case for animals subject to abuse. In the author‘s opinion, the prerequisites for taking away an animal as proposed seem to be too generally defined. “Creating a threat” or the perception of a threat is a subjective circumstance and should not be the only condition for issuing a decision to take away an animal. The Animal Welfare Act provides for the possibility of a forfeiture order, but this can only be made for the act to be criminalised, not for the mere ‘creation of a danger to life or health‘ by an animal.

2

Kilka uwag o odpowiedzialności karnej kierownika podmiotu odpowiedzialnego albo jednostki organizacyjnej takiego podmiotu za naruszenie obowiązku złożenia wniosku o wszczęcie postępowania wyjaśniającego

100%

Ochman P.

Nowa kodyfikacja prawa karnego

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2012

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tom 28

89-108

EN

The article deals with a relatively new issue of the responsibility of the head of the responsible executive or an organisational unit of it for the breach of the obligation to submit a request for an inquiry. This issue became particularly interesting after the entry into force of the Act on Financial Liability of Public Officers for Gross Violations of Law, due to its introduction into the Polish legal system, a special legal regulation which is the basis for prosecution in this field. The author presents the relationship between the breach of the duty of an administrative obligation and criminal liability of persons obliged to submit a request for an inquiry into the rights of recourse in the case of payment of compensation by the State, unit of local government or other legal entity. The author analyses the problems indicated above, not only from the standpoint of the validity of the adoption of specific dogmatic solutions, but also in terms of their compliance with the rules of the criminal legislation.

3

Inflacja normatywna w prawie karnym – rzeczywistość czy złudzenie?

100%

Zgryzek K.

Problemy Prawa Karnego

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2017

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tom 1 (27)

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nr 1

221-235

EN

The author discusses the problem of excessive normative production in Polish legal system on the example of the changes implemented by amending the Code of Criminal Procedure. The article presents the changes implemented in the particular codes of criminal proceedings, starting with the first code of the independent Poland, the Code of 1928, followed by the amendments to that code, which remained in effect until December 31, 1969, as well as modified normative solutions remaining in effect prior to the change of the political and economic system, and concluding with the Code of Criminal Procedure which came into force on September 1, 1998. Such comparative study of the activity of the Polish Parliament between 1928 and 2017 reveals a severe excessive normative production with regard to criminal law in the recent years. The author argues that any normative changes to code regulations should be implemented only once the regulations subject to change have been tested in practice and have undergone an in-depth discussion in all groups that use the modified norms. As a positive example, the author enumerates the efforts of the Codification Commission of the Criminal Law, which resulted in the amendment of September, 2013, and compares it with the procedure of amending the Code of Criminal Procedure in March, 2016.

4

Bigamia w polskim prawie karnym

100%

Charko D.

Studia Ełckie

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2012

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tom 14

485-492

EN

Bigamy is a crime threatening the regularity of family functioning, whose basis, due to the cul-tural tradition and Polish law, makes monogamy marriage. In his article the author presents the origin of the bigamy crime and its statutory hallmarks. It is shown who, in what circumstances, and with fulfilling which conditions, can commit bigamy crime, as well as the statistic depiction of the crime has been presented.

5

Czynny żal jako instrument polityki kryminalnej i karnej

87%

Sitarz O.

Archiwum Kryminologii

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2009

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nr XXXI

159-172

EN

The object of the analysis are the institution known in the criminal law as active repentance and other similar normative institutions, which are sometimes referred to by scientists as active repentance in its broad sense or as quasi-active repentance. I was interested in the behavior of the perpetrator after commitment of an offence as a factor affecting the extent of perpetrator’s criminal liability in the context of criminal and penal policy (legally permissible modification of criminal responsibility in individual cases). Even a brief review of the institutions of active repentance in the Polish criminal law (regulated in the general and specific chapters of the Penal Code) allows to state that there is no uniformity, consistency, and rationality in shaping of this substantial instrument of criminal and penal policy. Sometimes one may have an impression that the issue of active repentance was regulated quite accidentally, not as a part of the comprehensive, rational criminal policy pursued by the entire criminal justice system. Since the key question is whether the established and accepted objectives and functions of punishment and / or criminal law can be achieved without a punishment, therefore the first part of the article is devoted to theories and functions of the penalty in conjunction with the reasons and functions attributed to active repentance. The different functions of an active repentance – to increase the efficiency – require some specific element in the design of this institution to be taken into consideration. These variables may be: if the benefits gained by the repentant are facultative or mandatory, the extent of the benefits, additional requirements imposed on the offender related to his conduct, an indication of a shorter or longer time limit to meet the statutory requirements and / or conditions related to repentant’s motivation, directory of the deeds in which the perpetrator can use the benefits arising from his active repentance, and indirectly also the place and method of regulation. Whether these variables should include consent of the victim, with all its consequences, probably also needs to be taken into consideration. Referring to the presented features of active repentance, by operating with the indicated variables, one can attempt to construct a variety of models of active repentance appropriate for performance of specific functions. Assuming its preventive function, active repentance should be provided for the widest range of crimes possible. Preferably, active repentance should be described clearly and precisely in the general part of the Criminal Code. Benefits provided for the accused person should be as wide as possible and always obligatory. Effective preventive function enforces the need to spread this instrument, especially the profits associated with it.

6

Between confidentiality policy and an obligation to denounce – does polish law ignore or protect professional secrecy of psychologists?

80%

Bocheński M.

Psychologia Wychowawcza

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2019

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tom 57(15)

139-151

EN

Confidentiality is without a doubt one of the most important rules in psychologist's profession. Polish law guarantees the protection of professional secrecy of psychologists (also in the provisions of the penal code which criminalize its violation). However, the same law (Polish penal code) forces psychologists to break the policy of confidentiality in the case of gathering a reliable information about certain crimes by. The aim of the current publication is to elaborate on the collision of the values of keeping professional secrecy and of public security and justice system. The outcome of the analysis can with certainty be helpful for psychologists in solving a conflict between professional secrecy and a legal obligation regarding reporting a crime

7

Commentary to the Supreme Court resolution of 20 september 2018, I KZP 5/18

80%

Wróbel A.

Acta Iuris Stetinensis

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2019

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nr 27_ENG

205-216

EN

The Supreme Court, in the ruling which is subject to this commentary, addresses the notion of an employee referred to in Article 218 § 1a of the Criminal Code. The court discussed the issue of the designation and limits of the notion of “employee” and the subject-matter of protection of the provision referred to above along with its scope. The commentator – in this context – analyses the Supreme Court’s thinking. The commentary’s author agrees in most part with the belief that “the scope of Article 218 § 1a CrC covers only persons who are employees within the meaning of Article 2 LC and Article 22 § 1 and § 11 LC”, though he deems it incomplete as one also needs to take into account Article 8(2a) of the act on social insurance, where – with regard to social insurance – the notion of an employee is slightly broader than the one included in the provisions of the Labour Code. The commentator believes it legitimate that the subject-matter of protection of Article 218 § 1a CrC includes all employee rights resulting from an employment or social insurance relationship. The commentator shares the de lege ferenda postulate for the “protection under Article 218 § 1a CrC to include also persons in employment relationships other that a contract of employment” and, which the Court did not address in the discussed resolution, the civil law relationship referred to in Article 8(2a) of the Social Insurance Act.

8

TRESTNÉ ČINY PROTI BRANNOSTI V KONTEXTE ODOPRETIA VÝKONU MIMORIADNEJ SLUŽBY A DOBROVOĽNEJ VOJENSKEJ SLUŽBY

80%

KELEMEN M.

Kultura Bezpieczeństwa. Nauka – Praktyka – Refleksje

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2017

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tom 28(28)

136-143

EN

Security and law practice in Slovakia is confronted with the phenomenon of rejecting the performance of extraordinary service on the one hand and the potential of performing a voluntary military service. Practical implementation of the Arbitration Obligation stipulated in Act no. 570/2005 Z.z. about the new obligations in the wording of later regulations gets new impulses. The identification of these aspects as an object of investigation creates a perspective platform for a comprehensive assessment (identification, analysis and evaluation) of named phenomena that can help to protect the state’s interest in the exercise of state authority, in particular for the maintenance of peace, security and defense of the state and to prevent the illegal conduct of citizens, Against civilian service, against service in the armed forces, and against the defense of the homeland.

9

Sprawa Trynkiewicza a ustawa o nadzorze nad groźnymi przestępcami — na marginesie rozważań o karze śmierci

80%

Debita M.

Studenckie Prace Prawnicze, Administratywistyczne i Ekonomiczne

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2016

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tom 19

53-67

EN

The overall objective of this article is to present issues related to capital punishment. The paper presents selected international legal instruments on this issue. Thearticle focuses on historic Polish legislation concerning jurisdiction and the use of capital punishment. The subject of capital punishment in criminal law has long been acontentious issue. Capital punishment, its effectiveness, its reliability vis-à-vis rehabilitation and its substitution by another penalty, is analysed herein. In Poland, capital punishment has not been applied since 1988. The last death sentence was carried out in 1979, capital punishment having been removed by the legislature from the Criminal Code in 1997. When considering this issue, it is worthwhile to refer to some statistical data: 1) 96 countries have abolished capital punishment in respect of all crimes; 2) 9 countries have abolished capital punishment for all crimes, with the exception of offences committed in time of war; 3) 34 countries have expunged capital punishment from their penal codes or have ceased to apply it, in practice, within the last decade; 4) 139 states have either not included capital punishment in their regulations or have not used capital punishment; 5) 58 countries still maintain capital punishment in their legislation; 6) in China, capital punishment may be imposed for 55 types of crime; 7) in 2010, at least 17,833 people were living under sentence of death.

10

Theory and Practice in Criminal Law

80%

Bossowski J. J.

Adam Mickiewicz University Law Review

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2019

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tom 10

401-412

EN

The paper is an English translation of Teoria i praktyka w prawie karnym by Józef Jan Bossowski published originally in Polish in “Ruch Prawniczy, Ekonomiczny i Socjologiczny” in 1924. The text is published as a part of a jubilee edition of the “Adam Mickiewicz University Law Review. 100th Anniversary of the Faculty of Law and Administration” devoted to the achievements of the late Professors of the Faculty of Law and Administration of the Adam Mickiewicz Uniersity, Poznań.

11

On “Rationality” in Criminal Law

80%

Janiszewski B.

Adam Mickiewicz University Law Review

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2019

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tom 10

413-433

EN

The paper is an English translation of Rozważania o “racjonalności” w dziedzinie prawa karnego by Bogusław Janiszewski, published origi-nally in Polish in “Ruch Prawniczy, Ekonomiczny i Socjologiczny” in 1996. The text is published as a part of a jubilee edition of the “Adam Mickiewicz University Law Review. 100th Anniversary of the Faculty of Law and Administration” devoted to the achievements of the late Professors of the Faculty of Law and Administration of the Adam Mickiewicz University, Poznań.

12

Zarządzenie o zgodzie na widzenie z osobą tymczasowo aresztowaną

80%

Kalisz T.

Nowa kodyfikacja prawa karnego

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2019

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tom 51

45-62

EN

A particularly severe restriction of the right of individuals held on remand comes with the normative regulations concerning visit entitlements. As a rule, in the Polish legal order an individual held on remand may be allowed a visit after the authority under whose charge he or she is detained has issued a visiting order. A refusal to issue a visiting order for an individual held on remand to see a close relative is a decision taken in the course of enforcement proceedings for which there is a separate appeal procedure, different from the basic form of control. Special grounds are also provided for such a refusal.

13

Ocena petycji w sprawie dokonania zmian w dekrecie z 1944 r. o wymiarze kary dla faszystowsko-hitlerowskich zbrodniarzy winnych zabójstw i znęcania się nad ludnością cywilną i jeńcami oraz dla zdrajców Narodu Polskiego

80%

Podraza N.

Zeszyty Prawnicze BAS

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2020

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nr 3(67)

273-279

EN

The subject of the petition is to change the sanction specified in Article 1 of the Decree is such a way that it would modify the sanction to become a differentiated one. In the author’s opinion, despite the fact that the penalty of life imprisonment for the crime specified in the August Decree is strictly defined, the court can differentiate it, in particular to convicting to 25 years of imprisonment. It should also be borne in mind that the probability of the actual application of the sanction specified in the August Decree is minimal.

14

Sedacja paliatywna i kontrowersje związane z jej stosowaniem

80%

Doroszewska K.

Forum Prawnicze

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2019

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nr 6 (56)

55–72

EN

Sedation in palliative medicine is used to limit a patient’s consciousness, to ease his suffering. This paper discusses basic problems of criminal law related to the procedure of sedation, such as measuring the level of suffering, and methods of treating patients, both in hospital and in-home care. The paper presents similari- ties and differences between sedation and euthanasia, particularly in countries where both procedures are legal. It also considers possible legal consequences of the limitation of the patient’s consciousness, which affects the patient’s ability both to make everyday decisions and to take part in family life, as some theories consider that active participation in social life is important to fulfil one’s needs.

15

O zbędności jednego z typów uprzywilejowanych zabójstwa – dzieciobójstwo w polskich kodeksach karnych

80%

Sekuła K.

Państwo i Społeczeństwo

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2014

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nr 4

39-49

EN

Infanticide is a crime with a very interesting history. Over the centuries infanticide has come a long and complicated evolution under the influence of Christianity – from aggravated type of crime to the privileged one. The Polish penal provisions protect human life from the moment of conception until death. It refers to all people including children. However, children’s right to life is not treated the same way as adults when it comes to committing a murder. In case of infanticide possible sentences are much milder compared to a common murder. In the view of existing Polish legal system the issue of infanticide as a crime privileged raises many concerns on the theoretical and practical basis despite many attempts to treat it as a common murder.

16

Karnoprawna ochrona obiektów i terenów chronionych w świetle wybranych przepisów rozdziału XXII Kodeksu karnego (art. 181 § 2 i 5, art. 187, art. 188 K.k.)

80%

Budyn-Kulik M.

Studia Prawnicze KUL

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2020

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nr 3

45-64

EN

The aim of environmental protection in criminal law is to maintain sustainability in nature as well as try to protect the renewability of natural resources. The Polish Criminal Code contains five autonomic types of crime, which are characterized, among others, by the specific crime scene, such as 'an environmentally protected area or object'. They are included in the Chapter of Crimes against the Environment. They realize the so-called traditional protection of nature, conservational in character. These types are mentioned in: art. 181 § 2 i 5 C.C., art. 187 C.C. and art. 188 C.C. They are accessory to other regulations beyond Criminal Code.

PL

Ochrona przyrody to przede wszystkim domena prawa administracyjnego, jednak prawnokarna ochrona środowiska stanowi znaczące uzupełnienie regulacji mających na celu utrzymanie równowagi przyrodniczej oraz dążenie do zachowania możliwości odnawiania zasobów naturalnych. W polskim Kodeksie karnym w rozdziale poświęconym przestępstwom przeciwko środowisku zawartych jest pięć samoistnych typów przestępstw, do znamion których należy szczególne miejsce ich popełnienia w postaci terenu lub obiektu objętego ochroną. Są to przestępstwa stypizowane w art. 181 § 2 i 5, art. 187 oraz art. 188 K.k. We wszystkich przedmiotem ochrony jest środowisko. Ich pozostałe znamiona są zróżnicowane. Ponieważ omawiane przepisy mają charakter akcesoryjny, przy ich wykładni konieczne jest odwołanie się do innych niż Kodeks karny ustaw, co rodzi określone problemy. Mogą one pozostawać w różnych konfiguracjach zbiegu z innymi przepisami.

17

Karnoprawna dopuszczalność zabiegów adaptacyjnych − stan obecny i proponowane regulacje

80%

Kubiak R. , Katedra Prawa Karnego W. P. i. A.

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EN

Under the present Polish law there are no provisions to regulate directly reassignment surgery. However, it is indirectly accepted as legal because administrative and civil law activities in files of the birth and death register much depend on it. In other jurisdictions conditions of such medical surgery are not determined, either. From the penal law point of view the surgery may result in meeting a definition of a crime of heavy damage to one’s health. In consequence a person may be deprived of procreation capacity which corresponds to a description of an act punishable under art. 156 § 1 p. 1 of the Polish penal code. This study is an analysis of the problem and suggests legal potential solutions to the issues discussed here.

18

A legal good under art. 62(1) of the Act on Counteracting Drug Addiction of 2005

80%

Tkaczyk-Rymanowska K.

Ius Novum

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2023

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tom 17

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nr 2 ENG

36-61

PL

The focus of this article is the regulation of Article 62(1) of the Act on Counteracting Drug Addiction of 29 July 2005, often referred to in literature as ‘possession for personal use’. The fundamental issue related to the subject matter pertains to the definition of the legal good in Art. 62(1) of the Act. Contrary to initial impressions, identifying this interest is neither simple nor unequivocal, as there may be doubts over whether such a good protected by law exists and, if so, whether it should be protected under criminal law. The article also explores the correlation of this legal good and the need to protect it with other legal goods protected by the Constitution (e.g. individual freedom). Additionally, the article also examines the significance of the consent of a holder of a given good for the exclusion of unlawfulness or the absence of any attack on the legal good. Behaviour undertaken with the consent of the holder, allegedly “violating” the legal good, is after all, an act that conforms to the norm from the outset, and therefore does not involve any element of unlawfulness. As such, it does not constitute a criminal act. There are doubts whether in the case of possession and use of drugs, there is a threat to the legal good or whether such conduct is lawful from the very beginning, given the consumer’s consent. The article critiques the existing criminal law regulations, and its key argument is the thesis that drug addiction is an issue of exclusively medical and social concern, rather than one of criminal law.

19

Pojęcie przestępstwa lingwistycznego i jego typologie

80%

Falana-Jafra A.

Poznańskie Studia Polonistyczne. Seria Językoznawcza

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2021

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tom 28

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nr 1

45-56

EN

The aim of the article is to formulate a definition of linguistic crimes as a specific type of crimes penalised in Polish criminal laws and to categorise them according to the following criteria: the nature of the perpetrator’s enforcement activities; the use of language or failure to use it; the length of the linguistic enforcement activities; the authorship of statements; the nature of the legal good to be protected. Human behaviour, which is legally classified as a linguistic offence, is performative in nature and therefore has the legal effect of making the offender criminally responsible and of imposing criminal sanctions on him/her by the competent state authorities. In the article, the performative function of language will be extended to include the notion of passive performativity, resulting from an offence committed as a result of the failure to use language in situations where its use is required by the legal system.

20

Pojęcie miejsca stałego pobytu w prawie karnym

80%

Giętkowski R.

Forum Prawnicze

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2018

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nr 1 (45)

35–48

EN

“Permanent place of residence” is one of the most ambiguous notions in criminal law. Its interpretations differ. Moreover, the comprehensive outlook on this notion is lacking in criminal law. At the same time, the range of use of a permanent place of residence notion lastingly extends and its understanding influences among other things the scope of an accused’s duties. Therefore, it is necessary to analyse this notion taking into consideration the cohesion of the criminal law system. The author proposes that the whole criminal law definition of a permanent place of residence be universal.