scholarly journals Przestępstwo publicznego propagowania faszystowskiego lub innego totalitarnego ustroju państwa art. 256 k.k.. Analiza doktrynologiczna wybranych wypowiedzi piśmiennictwa i judykatury. Część szczególna II

2019 ◽  
Vol 41 (1) ◽  
pp. 109-151
Author(s):  
Tomasz Scheffler
Keyword(s):  
Supreme Court ◽  
Difficult Problem ◽  
Penal Code ◽  
Governmental System

THE CRIME OF PUBLIC PROPAGATION OF A FASCIST OR OTHER TOTALITARIAN GOVERNMENTAL SYSTEM ARTICLE 256 OF THE PENAL CODE: A DOCTRINOLOGICAL ANALYSIS OF SELECTED SCHOLARLY WRITINGS AND JUDICATURE. DETAILED PART IIThe paper presents interpretations of the content of art. 256 of the Polish Penal Code of 1997 The crime of public propagation of a fascist or other totalitarian governmental system, which were developed before 2009. The most difficult problem for commentators, much like authors, about whom we have deliberated earlier, was to understand the complexity of the phenomenon of totalitarianism and the consequences resulting from accepting one of the competing concepts of totalitarianism. Similarly, interpretational problems led to misunderstandings of the concept of fascism and the governmental system. As a result, individual authors incorrectly found resemblance between the regulations contained in the Penal Code of 1969 and the regulation contained in art. 256 from 1997. In this paper we prove that the Polish Supreme Court also had the same problem with the interpretation of the content of art. 256.

scholarly journals Przestępstwo publicznego propagowania faszystowskiego lub innego totalitarnego ustroju państwa art. 256 k.k.. Analiza doktrynologiczna wybranych wypowiedzi piśmiennictwa i judykatury. Część szczególna III

2019 ◽  
Vol 41 (2) ◽  
pp. 5-28
Author(s):  
Tomasz Scheffler
Keyword(s):  
Supreme Court ◽  
Difficult Problem ◽  
The State ◽  
State System ◽  
Penal Code ◽  
Constitutional Tribunal ◽  
Governmental System

THE CRIME OF PUBLIC PROPAGATION OF A FASCIST OR OTHER TOTALITARIAN GOVERNMENTAL SYSTEM ARTICLE 256 OF THE PENAL CODE: A DOCTRINOLOGICAL ANALYSIS OF SELECTED SCHOLARLY WRITINGS AND JUDICATURE. DETAILED PART IIIThe paper presents interpretations of the content of art. 256 of the Polish Penal Code of 1997 The crime of public propagation of a fascist or other totalitarian governmental/state system, which were developed amid amendment in 2009. The most difficult problem for commentators, much like authors, about whom we have deliberated earlier, was to understand the complexity of the phenomenon of totalitarianism and the consequences resulting from accepting one of the competing concepts of totalitarianism. Similarly, interpretational problems led to misunderstandings of the concept of  fascism and the state system. As a result, individual authors incorrectly found resemblance between the regulations contained in the Penal Code of 1969 and the regulation contained in art. 256 from 1997. In this paper we prove that the Polish Supreme Court and even Polish Constitutional Tribunal also had the same problem with the interpretation of the content of art. 256.

scholarly journals Zasada nullum crimen sine lege w kontekście przestępstw stypizowanych w art. 256 § 1 k.k.

2019 ◽  
Vol 16 (4 (2)) ◽  
pp. 119-140
Author(s):  
Tomasz Scheffler
Keyword(s):  
Supreme Court ◽  
Difficult Problem ◽  
Penal Code ◽  
Governance System ◽  
Legal Principle ◽  
Religious Differences

The paper presents interpretations of the content of the legal principle of nullum crimen sine lege and the influence of this principle on legal characterisation of crime of public propagation of a fascist or other totalitarian governance system and crime of public agitation to hatred based on national, ethnic, racial or religious differences or for reason of a lack of any religiousdenomination. In the author’s opinion, the most difficult problem in the case of crimes typified in Art. 256 § 1 of Polish Penal Code lies in that many layers consider the legal principle of nullum crimen as a commonplace. In the paper, there are several cases presented of adjudications of the Polish Supreme Court relating to what considerations of the legal principle of nullum crimen may cause so that we can obtain clear views on the problem.

scholarly journals Przestępstwo publicznego propagowania faszystowskiego lub innego totalitarnego ustroju państwa art. 256 k.k.. Analiza doktrynologiczna wybranych wypowiedzi piśmiennictwai judykatury. Część szczególna I

2019 ◽  
Vol 40 (4) ◽  
pp. 145-159
Author(s):  
Tomasz Scheffler
Keyword(s):  
Difficult Problem ◽  
Penal Code ◽  
Governmental System

THE CRIME OF PUBLIC PROPAGATION OF A FASCIST OR OTHER TOTALITARIAN GOVERNMENTAL SYSTEM ARTICLE 256 OF THE PENAL CODE: A DOCTRINOLOGICAL ANALYSIS OF SELECTED SCHOLARLY WRITINGS AND JUDICATURE. DETAILED PART IThe paper presents interpretations of the content of art. 256 of the Polish Penal Code of 1997 The crime of public propagation of a fascist or other totalitarian governmental system, which were developed in the years 1998–2001. The most difficult problem for commentators was to understand the complexity of the phenomenon of totalitarianism and the consequences resulting from accepting one of the competing concepts of totalitarianism. Similarly, interpretational problems led to misunderstandings of the concept of fascism and the governmental system. As a result, individual authors incorrectly found resemblance between the regulations contained in the Penal Code of 1969 and the regulation contained in art. 256 from 1997.

scholarly journals PRUNING OF SECTION 377, INDIAN PENAL CODE, 1860 AND CHANGED DYNAMICS OF MORALITY IN INDIAN SOCIETY

2020 ◽  
Vol 7 (6) ◽  
pp. 1077-1081
Author(s):  
Parul Yadav ◽  
Komal Vig
Keyword(s):  
Social Structure ◽  
Supreme Court ◽  
Legal System ◽  
Penal Code ◽  
Indian Society ◽  
Supreme Court Of India ◽  
The Social ◽  
The Supreme Court ◽  
Set Up ◽  
Indian Penal Code

Purpose: The research paper has been written in order to analyze the impact of reading down the notorious section of Indian Penal Code, 1860 which being Section 377 which penalized every sexual act other than a heterosexual union even if consensual in the judgment given by the Supreme Court of India in Navjot Singh v. Union of India on the society of India. This paper aims to see its impact on the morality of the Indian community on the known definitions and working of the morality in the social and the legal system. Methodology: In this work classical method of research has been followed which being doctrinal research also, a comparative analysis between the legal text of Section 377 of Indian Penal Code, 1860 and the judgments announced by the Supreme court of India has been undertaken with the proportional qualitative analysis done with moral set up of Indian Society. Main Findings: The analysis conducted on law and social structure of Indian Society by the researchers point out to the fact that after reading down of Section 377, the social set-up of India is resenting the recognition granted to third sex and gender because it disturbs its moral thread which has knitted the social structure known as of now and introduces a third angle in known concepts of sex and sexuality which till now have been relying on parallel tracks of male and female sex/gender. Application: This research piece will aid students in understanding the concept of morality and will demonstrate its effect on the working of the Criminal system of a country. Moreover, it will also give support in understanding the role of biological sex and sexual preferences in shaping law as known today. Novelty/Originality: This research is novel in its attempt of wherein morality has been traced in the criminal legal system of the country which is most prominent in issues related to the sex of the human body and its sexuality.

scholarly journals Case Comment: Alister Anthony Pareira v. State of Maharashtra

1970 ◽  
Vol 3 (2) ◽  
pp. 85-95
Author(s):  
Joseph Alby
Keyword(s):  
Supreme Court ◽  
Penal Code ◽  
Critical Commentary ◽  
The Supreme Court ◽  
Drunken Driving ◽  
Indian Penal Code

Earlier, cases of drunken driving resulting in an accident were determined in accordance with sections 337 and 338 of the Indian Penal Code, 1860 (IPC). Relatively lenient, these provisions warrant maximum punishments of imprisonment for 6 months and 2 years respectively. However the Supreme Court in Alister Anthony Pareira v. State of Maharashtra held that in a case where an allegation is raised regarding an accident being caused as a consequence of drunkenness, the investigating agency is bound to register the case under section of 304, IPC. Section 304 part II deals with culpable homicide not amounting to murder, and imposes a punishment of 10 years rigorous imprisonment. As a result, drunken driving has now been made punishable under section 304 part II as well as under sections 337 and 338, which deal with injury caused by negligence. The objective of this study is to provide a critical commentary of the aforementioned judgment.

scholarly journals Sentencing of Minor Offences in Indonesia: Policy, Practice and Reform

2021 ◽  
Vol 10 ◽  
pp. 778-783
Author(s):  
Christina Maya Indah Susilowati ◽  
Keyword(s):  
Law Enforcement ◽  
Supreme Court ◽  
Lower Limit ◽  
Criminal Law ◽  
Government Regulation ◽  
Criminal Code ◽  
Penal Code ◽  
Regulatory Issues ◽  
Policy Practice ◽  
Legal Method

This paper seeks to evaluate minor offenses in the Criminal Code in Indonesia. So far, the value limit for determining minor offenses in Indonesia is increasingly irrelevant to the value of the currency due to inflation. It will cause a gap in criminal law in dealing with changes. As the result, police will do unfair and non-humanistic law implementation. The objective of this study is to identify the importance of revising the lower limit of minor offenses in the Criminal Code in Indonesia. The study used a socio-legal method on the contextualization of Indonesian Criminal Codes related to the categorization of minor offense regulation in Government Regulation No. 2 of 2012 and in Penal Code, by utilizing a humanitarian perspective in law enforcement, especially by police who still charge some minor offenses with 5 years imprisonment. The results confirmed that some changes have been made related to this matter as the Indonesian Supreme Court has made some regulations, such as No. 2 of 2012 on adjustment in minor offense law. This means that all criminals doing minor offenses cannot behold as prisoners in the investigation or prosecution process. The main contribution of this study is to construct a perspective of legal and regulatory issues to emphasize a fair of justice in dealing with minor offenses with a model of humanistic law enforcement. The result is expected to practically contribute and recommend the importance of constructing fairness of justice principle in law enforcement in particular and of revising minor offense sentencing in general.

The Downfall of the Mandatory Death Penalty in Kenya

2019 ◽  
Vol 63 (1) ◽  
pp. 25-51 ◽  
Author(s):  
Lilian Chenwi
Keyword(s):  
Human Rights ◽  
Supreme Court ◽  
Death Penalty ◽  
Penal Code ◽  
Procedural Safeguards

AbstractThe retention and use of the death penalty, especially the mandatory death penalty, continues to be an issue of controversy and concern in Africa and elsewhere. Accordingly, African states are slowly but increasingly moving away from the death penalty, with many of them abolishing it either de facto or de jure, or limiting its use, with some finding its mandatory application to be unlawful. This article considers the recent Supreme Court of Kenya decision that declared the mandatory nature of the death penalty as provided for under the country's Penal Code to be unconstitutional. However, it argues that, while declaring the mandatory death penalty to be unconstitutional is commendable and a promising step on the path towards the abolition of the death penalty, the death penalty remains available as a punishment, with serious human rights implications if procedural safeguards are not followed.

scholarly journals El delito de caza furtiva en tiempo de veda. Comentario a la STS 3566/2020, de 3 de noviembre

2021 ◽  
pp. 261
Author(s):  
Alfredo Liñán Lafuente
Keyword(s):  
Supreme Court ◽  
Penal Code ◽  
The Supreme Court

La Sala Segunda del Tribunal Supremo en su sentencia nº 3566/2020, de 3 de noviembre, ha concluido que la caza de una especie no protegida en temporada de veda es constitutiva de un delito del art. 335.1 CP. En el presente artículo se analiza la sentencia, el artículo 335 1. y 2 CP y se plantean las consecuencias que se pueden derivar de la interpretación la que opta el Tribunal Supremo.The Second Chamber of the Supreme Court in its judgment No. 3566/2020, of 3 November, has concluded that the hunting of an unprotected species during the season closed to hunting is always an offence under art. 335.1 CP. This article assesses the judgment and article 335.1. and 2 of the Penal Code and it raises the consequences that can stem from the interpretation chosen by the Supreme Court.

Lack of Statutory Foundation, Vagueness, and Violation of the Rule of Lenity of California Second Degree Felony Murder

Global Jurist ◽  
2020 ◽  
Vol 20 (1) ◽  
Author(s):  
Sira Grosso
Keyword(s):  
Supreme Court ◽  
Penal Code ◽  
The Other ◽  
Senate Bill ◽  
The One ◽  
Court Of Appeal ◽  
Paradoxical Results ◽  
Second Degree

AbstractRestrictions recently imposed by law on the application of felony murder in CaliforniaSenate Bill n. 1437 amending Sections 188 and 189 of, and adding Section 1170.95 to, the Penal Code. and a judgment of a split California Court of Appeal rejecting the claim that the second-degree felony murder provision is unconstitutionally vagueCal. 4th App. Dist. April 30, 2019, see note 74. offer the occasion to analyze the Californian second degree murder. Second degree Felony murder in California, which is not spelled out by statute, relies on the jurisprudential construction of an “inherently dangerous felony”. According to the California Supreme Court, this criterion was conceived to accompany its overall aim of deterrence as well as function as a limitation on the application of felony murder itself. The purpose of this article is to highlight how the jurisprudential reconstruction of “inherently dangerous felonies” does not present a suitable criterion for determining whether second degree murder has taken place. While calling into play the goal of deterrence may bring forth paradoxical results, the “inherently dangerous felony,” upon which second degree felony murder relies, represents a double-edged sword. In fact, this article argues that it expands, rather than restricts, the application of felony murder, also posing several constitutional concerns. It follows that, since the “inherently dangerous” category acts as the essential base upon which second degree felony murder stands, the “crumbling” of the one should lead to the fall of the other.

scholarly journals La responsabilidad subsidiaria ex delicto derivada del art. 121 del Código Penal y la responsabilidad patrimonial de las administraciones públicas : breve aproximación jurisprudencial

2011 ◽  
Author(s):  
Roger Cámara Mas
Keyword(s):  
Supreme Court ◽  
Penal Code ◽  
Civil Action ◽  
The Public ◽  
Civil Responsibility ◽  
The Supreme Court ◽  
Administrative Jurisdiction

El presente trabajo estudia las relaciones entre la responsabilidad civil ex delicto derivada del art. 121 del Código Penal y la responsabilidad patrimonial de las administraciones públicas especialmente en su vertiente procesal. Para ello, se parte del análisis de la jurisprudencia dictada por los tribunales del orden jurisdiccional civil, penal y contencioso-administrativo. La interpretación efectuada por las salas segunda y tercera del Tribunal Supremo ha contribuido a configurar ambas acciones como plenamente autónomas entre sí, admitiendo la posibilidad de su ejercicio simultáneo o sucesivo, doctrina que se aparta de la propia conceptualización de la acción civil ex delicto realizada por la sala primera del mismo tribunal.This article studies the relations between the civil responsibility ex delicto derivative from the article 121 of Penal Code and the patrimonial responsibility of the public administrations specifically in the procedural order. This study splits the analysis of the jurisprudence dictated by the courts of the civil, penal and contentious-administrative jurisdiction. The interpretation effected by the second and third chamber of the Supreme Court has helped for both actions to be fully autonomous, admitting the possibility of his simultaneous or successive exercise, doctrine that is separated of the own conceptualization of the civil action ex delicto realized by the first chamber of the same court.

Sign in / Sign up

Export Citation Format

Share Document