The Europeanisation of Polish Substantive Criminal Law: How the European Instruments Influenced Criminalisation in Polish Law

2012 ◽  
Vol 3 (3-4) ◽  
pp. 363-380 ◽  
Author(s):  
Celina Nowak
Keyword(s):  
2016 ◽  
Vol 14 (1) ◽  
pp. 159
Author(s):  
Paweł Nowak

CRIMINAL CONSEQUENCES OF FORMAL OFFENCESSummaryThe author discusses the concept of criminal consequence in Polish law. Debate is still going on in the theory and jurisdiction of Polish criminal law on whether a particular crime or offence should be classified as formal (przestępstwa formalne) or as consequential (przestępstwa skutkowe – viz. crimes/offences incurring criminal consequences; cf. inchoate crimes or offences). A point which turns out to be particularly problematic in this respect is the definition of criminal consequence, to enable a distinction to be drawn between formal and consequential (inchoate) offences/crimes. The author concludes that in practice all offences and crimes have a consequence. If a state in which a specific danger has emerged may be treated as a criminal consequence, it should also be admissible to treat a state in which an abstract danger has been created as a criminal consequence. Viewed from this aspect, all crimes are formal; for instance incitement is committed the moment when its perpetrator addresses words encouraging the commission of a crime to another person.


Author(s):  
Remigiusz Rosicki

The scope of the research problem encompasses selected issues concerning the content and sense of the elements characterizing the offense of espionage in Polish criminal law. In the legislation currently in force, the offense of espionage is criminalized under Art. 130 § 1–4 of the Criminal Code. The main purpose of the analysis is to perform a substantive criminal examination of the offense of espionage under Polish law, considering a practical case study and an assessment of the legal provisions regarding state security. In order to elaborate the material scope of the research problem and present the conclusions, the paper asks the following research questions: (1) To what extent are the de lege lata legal solutions in Poland effective in counteracting espionage offenses?, (2) What de lege ferenda solutions ought to be proposed to improve effective counteraction of espionage offenses? The paper includes an institutional and legal analysis aided by textual, functional, and historical interpretations, supplemented with the author’s conclusions and opinions concerning de lege lata and de lege ferenda solutions. The institutional and legal analysis is supplemented with a case study of espionage activity. The case study helps consider selected legal problems and presents example legal classifications of the described acts associated with espionage activity.


2016 ◽  
Vol 24 (1) ◽  
pp. 19-38
Author(s):  
Ariadna H. Ochnio

The Polish Parliament deliberately omitted the possibility of property confiscation from the Penal Code of 1997 due to negative historical experiences. However, pursuant to this Code, a court may order the forfeiture of the objects, tools and proceeds of crime or their equivalent. Under Polish law, rulings governing extended forfeiture are facilitated by a number of rebuttable legal presumptions. Against the background of Poland’s legal and historic conditions, this article explores the possible problems faced when amending criminal law in line with Directive 2014/42/eu on the freezing and confiscation of the instrumentalities and proceeds of crime in the eu. The author explains the reasons for Polish sensitivities towards providing appropriate guarantees of criminal proceedings when discussing how to re-introduce confiscation into national law. The challenge is to overcome the national legal tradition of confiscation without reducing the guarantees of a fair criminal trial.


Probacja ◽  
2020 ◽  
Vol 2 ◽  
pp. 117-134
Author(s):  
Nikola Tkacz

This article addresses the issue of secondary victimisation of victims of sexual crimes, with particular emphasis on the crime of rape. The main goal is to answer the question, why victims of rape are particularly vulnerable to experiencing this negative phenomenon. The article will also discuss selected legal measures to prevent secondary victimisation of victims of sexual crimes, as provided for by substantive criminal law and criminal procedure. The character of the article is theoretical, but it describes the problem not only from the perspective of Polish law, but also from a socio-ethical perspective.


2018 ◽  
Vol 6 ◽  
pp. 86-100
Author(s):  
Diana Dajnowicz-Piesiecka

[full article, abstract in English; abstract in Lithuanian] This paper concerns the victims of parental abductions in Poland. The aim of the article is to present the victims of parental abductions in the light of the Polish criminal case law. The study has an empirical character because it presents the results of research carried out using a criminal case law analysis. The study included 59 criminal cases concerning the parental kidnapping of a child. The research revealed that the Polish law treats the person from whom the child was kidnapped as a victim of parental kidnapping. Interestingly, the child is not considered a victim. Based on the research, a conclusion was formulated that parental abductions are not only the result of disputes between the parents of a child, but that children can also be abducted from the care of other people, for example, the directors of orphanages or grandparents who look after the children. This article argues that parental abductions are not only a problem for families but also for institutions professionally involved in childcare.


2018 ◽  
Vol 3 ◽  
pp. 3-10
Author(s):  
Aleksandr V. Fedorov ◽  
◽  
Petr A. Litvishko ◽  

The article explores collective criminal liability in the Republic of Poland. The analysis of the relevant provisions of Polish law is preceded by a summary of the approaches to the understanding of collective criminal liability abroad, determining the interrelation of the notions of collective criminal liability and corporate criminal liability, defining the content of criminal liability of legal persons in the narrow and broad sense. The paper considers the substantive provisions of the Republic of Poland’s legislation regulating collective criminal liability (criminal liability of legal entities in a broad sense), as well as views of the Polish criminal law doctrine on the nature of such liability and prospects of improving its legal regulation.


2015 ◽  
pp. 57-79
Author(s):  
Justyna Holocher

The matter under discussion refers to the problem of voluntary sterilisation. The speculations contained in the article, are considered with references to the polish and international law. The fundamental argument demonstrated above, resolves itself to the statement that, despite lack of any judicial regulations related to that kind of  operations directly, sterilisation is legal primary, accepted in polish law. That thesis is based on the law principles eg, freedom and right to self-determination. Voluntary sterilisation is a kind of realization the fundamental right of every human being, woman and man, to the possessing or not possessing children responsibly. Moreover, sterilisation can be observed as a realization of right to access to any kind of methods enabling using that procedure. In particular, right to the procreation includes also the possibility of resignation of it, even though, that resignation has a final and irreversible character, and consequences can be qualified as a serious injury in the criminal law definition. As a result, voluntary sterilisation of an adult, responsible and accountable person, realised with her acceptation can not be considered as an illegal operation, apart from th


2016 ◽  
Vol 11 (2) ◽  
pp. 45
Author(s):  
Józef Koredczuk

THE SIGNIFICANCE OF THE POLISH PENAL CODE OF 1932 FOR THE CRIMINAL LAW AND ACADEMIC EDUCATION DEVELOPMENT IN POLAND IN THE 20TH CENTURYSummary Since the year of 1932 marking the publication date of The Polish Penal Code also known as “Makarewicz Code”, there were strong indications that it would have a profound impact on the advancement in the field of Polish penal law and the academic-scientific area. Drawing from the highest standards and greatest solutions in Europe (i.e. The Code of Switzerland), The Polish Penal Code immediately gained substantial recognition abroad. Following World War II, it became an integral part of the socialist penal law system governing Poland at that time in history. Despite the numerous attacks it was exposed to, The Code served as an academic tool for educating many generations of lawyers and until 1969 it remained a main source book for law studies lectures. Additionally, it was considered to be a synonym of well-founded and stable Polish law and was applied as a benchmark for codification works in Poland dating back to 1969 and 1997. Having regard to the declarations presented by classical and sociological school with its reference to the penal law education, The Penal Code of 1932 had a great influence on the evolution of Polish academic education and criminal law in Poland of 20th century. Today this statement is reinforced by the fact that its author – Juliusz Makarewicz is regarded as the most prominent penal law professor. The Makarewicz Code is not only recognized as an outstanding judiciary achievement but also as a valuable academic-scientific point of reference. It is a symbol of the finest traditions in Polish law associated with progress, innovation and the one that elaborates on institutions that secure and attest to obeying the penal law regardless of the political roles it may play.


2020 ◽  
pp. 425-436
Author(s):  
Aleksandra Polak-Kruszyk

The article will attempt to show criminal consequences against people who abandon animals according to the Polish law. What is more, the purpose of this paper is to show animal abandonment as one of animal cruelty crimes. In addition, it will systematize applicable penalties taking into consideration Polish criminal law. All in all, it will present animal abandonment according to the Polish civil law, including animals’ legal status in area of property law and movable possessions. To sum up, the article will discuss difficulties which may cause taking of evidence against this kind of criminals, due to actual judicial practice and data of the empirical study.


2020 ◽  
Vol 27 (1) ◽  
pp. 31-44
Author(s):  
Anna Falana-Jafra

The aim of the article is to analyse the normative concept of guilt currently adopted by the Polish legislator from the semantic perspective. Under Polish law, imputation of a perpetrator of a criminal act is a prerequisite for incurring criminal liability. The perpetrator who cannot be blamed is not punishable and is not treated as a criminal. The legislator distinguishes two forms of guilt: intentional, which is synonymous with intention, and unintentional. Both intentional and intentional guilt are subject to further gradations in the Act, which often raises serious difficulties in judicial practice. In the article, the author strives to formulate the linguistic postulates de lege ferenda, which helps avoid interpretation doubts by changing the wording of language related to the construction of guilt in criminal law.


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