scholarly journals Sytuacja prawna ofiary przestępstwa w postępowaniu wykonawczym w perspektywie sprawiedliwości naprawczej

2021 ◽  
Vol 43 (4) ◽  
pp. 427-445
Author(s):  
Karolina Pasoń
Keyword(s):  
Restorative Justice ◽  
Current Model ◽  
Negative Consequences ◽  
Crime Victim ◽  
Criminal Proceedings ◽  
Legal Situation ◽  
Starting Point ◽  
Effective Instrument ◽  
Total Institutions ◽  
The Subject

The article is devoted to the legal situation of a crime victim in the course of executive penal proceedings. The starting point for the considerations was the statement that Goffman’s concept of total institutions and the resulting negative consequences, such as the effects of deculturation or deprivation affecting inmates, are still valid in relation to Polish penitentiary units. It is considered that restorative justice can be an effective instrument for the transition from a total institution to its negation, that is, a permeable institution, especially insofar as it promotes tools for victim and community activation in criminal proceedings. Therefore, the situation of the victim in the current model of executive proceedings was analyzed from the perspective of the possibility of implementing the idea of restorative justice. The subject matter of the article is not limited only to a synthesis of the victim’s rights under the current Executive Penal Code. The provisions normalizing the rights of the victim were analyzed in the context of the whole Code regulation and with reference to the earlier stages of criminal proceedings. In this way a complete and actual picture of the victim’s situation at this stage of criminal proceedings was presented, which was then compared with the standard of restorative justice. The critical analysis made it possible to identify the shortcomings in the current regulation of the victim’s legal situation and to outline the direction in which the legislator should proceed in order to achieve the standard of restorative justice, which will make it possible to increase the permeability of penitentiary units and thus minimize their total character.

scholarly journals Obudowa górnicza jako odrębny od wyrobiska obiekt – konstrukcja oporowa, podlega opodatkowaniu podatkiem od nieruchomości. Glosa aprobująca do wyroku Naczelnego Sądu Administracyjnego z dnia 10 stycznia 2020 r. (II FSK 532/18, LEX nr 2777589)

2021 ◽  
Vol 30 (1) ◽  
pp. 429
Author(s):  
Marzena Świstak
Keyword(s):  
Property Tax ◽  
Negative Consequences ◽  
Crucial Importance ◽  
Retaining Structure ◽  
Judicial Decisions ◽  
Legal Situation ◽  
Constitutional Tribunal ◽  
The Subject ◽  
Administrative Courts

<p>The author agrees with the Supreme Administrative Court’s judgement that has been glossed. The mining support may be classified as a separate to post-mining pit retaining structure and is subjected to the property tax. In 2011, the Constitutional Tribunal issued an interpretative judgement which is of crucial importance for the practice of the taxation of post-mining pits. First and foremost, it resolved the fundamental dilemma concerning the post-mining pit, deciding that as such a post-mining pit does not constitute the subject of taxation. The situation is different in the case of infrastructure located in underground post-mining pits, e.g. mining support. The analysis of the most recent judicial decisions shows that the issue mentioned still provokes numerous difficulties. The gloss thoroughly analyses the latest judicial decisions of administrative courts through the prism of the negative consequences for the legal situation of taxpayers. Undoubtedly the necessity to carry out a proper amendment seems justified. Such an amendment would in a clear, unambiguous manner determine the legislator’s will in the area of the taxation of post-mining pits.</p>

PARTIAL WITHDRAWAL OF THE PRINCIPAL ACTION BY THE PROCESUTOR IN THE POLISH CRIMINAL PROCEEDINGS

2019 ◽  
Vol 1 (XIX) ◽  
pp. 173-183
Author(s):  
Jan Kil
Keyword(s):  
Current Model ◽  
Criminal Procedure ◽  
Public Prosecutor ◽  
Criminal Proceedings ◽  
The Public ◽  
The Subject

The subject of the article is the analysis of the admissibility of a partial withdrawal of a principalaction by the prosecutor in the current model of Polish criminal proceedings. The study defines the main procedural rules regarding the issue in question, namely the principle of accusatorial procedure and adversary trial system. In the study, the disposition of Article 14 § 2 of the Code of Criminal Procedure is being interpreted with the use of linguistic, teleological and functional directives of interpretation. The study also presents the arguments justifying the acceptance of the view of the admissibility of partial withdrawal of the complaint by the public prosecutor. The study presents the procedural implications of the aforementioned standpoint. In the study the possibility of partial withdrawal of the principal action on the basis of pending supplementary or private prosecution proceedings was also analyzed.

scholarly journals ON SOME COMMENTS ON THE NORMATIVE FORMULATIONS FOR THE PURPOSE OF CRIMINAL PROCEEDINGS

2021 ◽  
Vol 17 (1(63)) ◽  
pp. 127-133
Author(s):  
Виктор Николаевич ГРИГОРЬЕВ
Keyword(s):  
Russian Federation ◽  
Justice System ◽  
Preliminary Investigation ◽  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Procedure Code ◽  
Legal Situation ◽  
Law Enforcement Officials ◽  
The Subject ◽  
The Russian Federation

The purpose of Russian criminal proceedings, which is very important among the modern social and legal institutions, is nevertheless deficient in its legal and regulatory form. It is noted that in the modern situation, some formulations of the purpose of criminal proceedings have come into conflict with the real social and legal reality. Purpose: to resolve contradictions between the formulations of the purpose of criminal proceedings and the actual social and legal reality. Methods: the author uses the methods of dialectical and formal logic, comparison, description, observation, interviewing, experiment, analysis, interpretation. Results: a theoretical basis has been developed for the choice, in the event of a conflict between the formulations of the purpose of criminal proceedings and the actual social and legal situation, of whether to change the normative formulation of the purpose of criminal proceedings or whether to change the procedure itself. In choosing the subject of reform, preference is given to traditional Russian values. Modern trends in Russian criminal proceedings do not fully reflect the needs of civil society in the Russian Federation. It is more accurate to assume that this is the result of a system of departmental and bureaucratic measures to distribute influence and burden. From a humanitarian standpoint, it would be more correct to return the criminal justice system to a state where it will again reflect the lost purpose, in particular, protecting individuals from unlawful accusations. The first step should be to remove from law enforcement officials the obligation to be unilateral in the examination of evidence and to represent only one party – the accusation (Chapter 6 of the Criminal Procedure Code of the Russian Federation), as well as to remove the normative prohibition for the preliminary investigation and inquiry bodies to gather evidence defending the accused (Part 2 article 15 of the Criminal Procedure Code of the Russian Federation).

6. Hearing the crime victim?

2015 ◽  
pp. 107-120
Author(s):  
Julian V. Roberts
Keyword(s):  
Decision Making ◽  
Criminal Justice ◽  
Restorative Justice ◽  
Crime Victims ◽  
Crime Victim ◽  
Criminal Proceedings ◽  
Victim Impact Statements ◽  
Adversarial Model ◽  
Criminal Justice Response ◽  
Inform Decision Making

Within the traditional adversarial model of justice, the victim often serves as the principal prosecution witness and, having served this function, plays no further part in criminal proceedings. In inquisitorial systems, the victim plays a greater role with rights for input into proceedings. ‘Hearing the crime victim?’ explains how much progress has been made in improving the criminal justice response to victims. Victims can now submit victim impact statements, which can be used to guide or inform decision-making throughout the CJS. Additional attention is paid to crime victims and they are offered more services, but are these reforms sufficient? Restorative justice initiatives are also described.

The subject of proof in criminal procedure

2019 ◽  
Vol 2 (XIX) ◽  
pp. 65-77
Author(s):  
Jerzy Konieczny
Keyword(s):  
Subject Matter ◽  
Criminal Procedure ◽  
Criminal Trial ◽  
Evidential Reasoning ◽  
Criminal Proceedings ◽  
Starting Point ◽  
The Subject

In the theory of evidential reasoning in a criminal trial, there is a discrepancy in the subject matter of proof. There are two main positions. The first one states that the object of proof is fact, while the second one is a statement expressed in a sentence. The article presents a possible solution to this controversy. The starting point is the observation that the bearers of truth are statements/sentences. Therefore, since truth is one of the basic values in criminal proceedings, it results that the object of proof is a claim. Secondly, in the course of evidential reasoning is carried out in the form of thought operations - these can only be carried out with the use of sentences. The article ends with an conclusion that the object of evidence is a proposition; proving the fact is epistemologically impossible. Such a solution seems to be beneficial for the theory of proof, as it may improve the quality of evidential reasoning, including the quality of justifications of verdicts.

scholarly journals PLACE OF TACTICAL OPERATIONS IN CRIMINALISTIC SYSTEM

2018 ◽  
Vol 18 ◽  
pp. 21-35
Author(s):  
V. M. Shevchuk
Keyword(s):  
Scientific Basis ◽  
Scientific Concept ◽  
Criminal Proceedings ◽  
Promising Direction ◽  
Criminal Proceeding ◽  
Cognitive Aspect ◽  
Legal Proceedings ◽  
Investigation Methods ◽  
Starting Point ◽  
The Subject

Issues of finding out the place of tactical operations in the criminalistics system and criminal proceedings are studied. It is proved that while solving this issue it is necessary to proceed from nature of tactical operations, prospects for their development, as well as the specifics of the correlation between criminalistic tactics and investigating methods of certain types of crimes. Development of tactical operations as a scientific concept has become a kind of bridge that combines tactics and investigation methods that enriched investigation as a whole. It is substantiated that tactical operation belongs to the means of criminalistic tactics and in this capacity, as well as other tactical and criminalistic means, is realized in the criminalistic methods. Tactical operations are effective subsystems of criminal proceeding system including tactical operations of pre-trial investigation and tactical operations of legal proceedings. It is proved that criminalistic science and practice of investigation and judicial consideration of certain types of crimes accumulated, systematized and generalized enough volume empirical matter that is the starting point for creation of a specific criminalistic theory of tactical operations, the urgency which does not cause any doubts. First of all, provisions of criminalistic theory of tactical operations form a knowledge system (theoretical generalizations, explanations, conclusions) that characterizes the subject and practical, informational and cognitive aspect of investigation activity and judicial consideration of crimes. Like criminalistic as a whole, a separate theory of tactical operations is applied because it is scientific basis for the development and application of organizational and tactical means of criminal proceedings, optimization of investigative and judicial activity, and need implementation of modern practices in the fight against crime. Necessity of specific criminalistic theory creation of tactical operations which creation will help to level controversial scientist positions in determining the place of tactical operations in the criminalistics system is substantiated. Perspective directions of further scientific developments of the considered problem are offered. Nowadays a promising direction is the development of a separate criminalistic theory of tactical operations, which will further enhance the general criminalistic theory and will increase efficiency and rationalization of criminal proceedings.

IMPLEMENTATION OF ELECTRONIC MONITORING OF SENTENCED PERSONS IN THE SLOVAK REPUBLIC

2020 ◽  
Vol 10 (5) ◽  
pp. 59-75
Author(s):  
JAROSLAV KLÁTIK ◽  
◽  
LIBOR KLIMEK
Keyword(s):  
Restorative Justice ◽  
Electronic Monitoring ◽  
Slovak Republic ◽  
Pilot Project ◽  
Legal Regulation ◽  
European Level ◽  
Criminal Proceedings ◽  
Council Of Europe ◽  
Fourth Section ◽  
The Third

The work deals with implementation of electronic monitoring of sentenced persons in the Slovak Republic. It is divided into eight sections. The first section introduces restorative justice as a prerequisite of electronic monitoring in criminal proceedings. While the second section points out at the absence of legal regulation of electronic monitoring of sentenced persons at European level, the third section points out at recommendations of the Council of Europe addressed to European States. The fourth section analyses relevant alternative punishments in Slovak criminal justice. The fifth section introduces early beginnings of implementation of concerned system - the pilot project “Electronic Personnel Monitoring System” of the Ministry of Justice of the Slovak Republic. While the sixth section is focused on Slovak national law regulating electronic monitoring of sentenced persons - the Act No. 78/2015 Coll. on Control of the Enforcement of Certain Decisions by Technical Instruments, the seventh section is focused on further amendments of Slovak national law - namely the Act No. 321/2018 Coll. and the Act No. 214/2019 Coll. The last eight section introduces costs of system implementation and its operation.

CONCEPT AND CONTENT OF A RECONCILIATION AGREEMENT IN THE CRIMINAL PROCEEDINGS OF UKRAINE

2017 ◽  
Author(s):  
Mariia Sirotkina ◽  
Keyword(s):  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Main Attention ◽  
Criminal Offense ◽  
Procedural Law ◽  
Legal Nature ◽  
Criminal Procedure Law ◽  
The Subject ◽  
Definition Of

The article is turned out to a scientific search for the concept of "a reconciliation agreement between the victim and the suspect or accused" through the study of the essence of reconciliation and role in criminal proceedings thereof. The author notes that criminal procedural law (until 2012) had been proclaimed another approach to reconciliation between victim and suspect, not involved a dispute procedure as a conflict, the result of which can be reached by compromise and understanding through reconciliation. It is stated that one of the ways to resolve the legal conflict in committing a criminal offense was the opportunity to reach a compromise between the victim and the suspect (the accused) by concluding a reconciliation agreement between them, provided by the Code of Сriminal Procedure of Ukraine (2012). The main attention is placed on the shortcoming of the domestic criminal procedure law which is the lack of the concept of "a reconciliation agreement between the victim and the suspect or the accused", which can be eliminated only through examining the essence or legal nature of reconciliation in criminal proceedings. Taking into consideration the current legislation and modern views on the institution of reconciliation in criminal proceedings, the author's definition of the concept of "a reconciliation agreement" is proposed. Thus, “The conciliation agreement is an agreement in criminal proceedings concluded between the victim and the suspect or the accused person on their own initiative in relation to crimes of minor or medium gravity and in criminal proceedings in the form of private prosecution, the subject of which is the compensation of harm caused by wrongdoing or committing other actions not related to compensation for the damage that the suspect or the accused is obliged to commit in favor of the victim, in exchange for an agreed punishment and sentencing thereof or sentencing thereof and relief from serving a sentence with probation, as well as the statutory consequences of conclusion and approval of the agreement".

أسلوب التعليل القرآني وبعض آثاره التعليمية (The Principles of Qur’anic Argumentation and Its Educational Effects)

2017 ◽  
Vol 14 (1) ◽  
pp. 1-33
Author(s):  
رضوان جمال الأطرش ◽  
نجوى نايف شكوكاني
Keyword(s):  
Analytical Method ◽  
New Age ◽  
Traditional Education ◽  
Inductive Method ◽  
Education Effect ◽  
Starting Point ◽  
Innovative Thinking ◽  
The Subject ◽  
Practical Impact ◽  
Education Process

        الملخّص      هدف هذا البحث إبراز إمكانية التأثر العملي بأسلوب التعليل في القرآن الكريم، ومحاولة البحث في تطبيقاته في واقع العملية التعليمية من العالم والمتعلم، بحيث لم يقتصر على الدراسة اللغوية أو الأصولية النظرية؛ وخصوصاً بعد التعريف بهذا الأسلوب وأدواته وأهميته وبيان اللوازم الخاصة للعالم والمتعلم للتأثر به، وقد تم ذلك من خلال استخدام المنهج الاستقرائي بتتبع أعمال العلماء في ذلك وتم رصد أقوال المفسرين فيما يتعلق بالأساليب البيانية وآيات التعليل ووجوه الإعجاز القرآني، ومن ثم استُخدم المنهج التحليلي لإثبات ذلك الأثر وإثبات وجود إشارات وأدلة على مظاهر التأثر؛ واستنتاج حقيقة إمكانية استمرارية البحث في كل أدوات وآيات ومواضيع ذلك الأسلوب بنفس الطريقة التي تمّ طرحُها، مما يثري هذا المجال، ويفتح العقول ويدفعها للنظر والتدبر والبحث في آي القرآن، وفي كل المناحي، منطلقةً من فكر التجديد، والإفادة من مستجدات العصر وعلومه ضمن ضوابط العقيدة الغراء والشرع الحنيف. الكلمات المفتاحية: أسلوب التعليل، أدوات أسلوب التعليل، التدبر، التعليم التقليدي، أثر.  Abstract This study intends to highlight the possible practical impact of the principles of argumentation found in the Qur’an. The study attempts to apply the principles on the actual education process of the scholars and students without limiting it to linguistic studies or theoretical principles. This was done after introducing the principles of reasoning, its tools, its importance, and disclosing the special requirements for the scholars and students in order to be influenced by the latter principles.  The work used inductive method to track the works of the scholars on the subject and observe the opinions of the Qur’an-commentators in relation to principles of explanation, verses of argument, and aspects of Qur’anic Inimitability. Analytical method was used to establish the impacts of the Qur’anic arguments; to prove the presence of signs and evidences for the manifestation of the impacts; and to make the continuity of this research possible in all the tools, verses and topics related to the principles of Qur’anic argument. Among those things that enrich this work is that it opens the minds, and pushes it to ponder and study the verses of the Qur’an. For every direction it becomes the starting point for the innovative thinking, and benefit for the new age and its sciences while maintaining the harmony with the principles of creed and the true SharÊ‘ah. Keywords: Principles of Argumentation, Tools of Argumentation Principles, Thinking, Traditional Education, Effect.

Prospects for the Implementation of Special Conciliation Procedures in the Russian Criminal Process

2020 ◽  
Vol 9 ◽  
pp. 99-104
Author(s):  
E. V. Markovicheva ◽  
Keyword(s):  
Criminal Justice ◽  
Restorative Justice ◽  
Justice System ◽  
Criminal Procedure ◽  
Legal Analysis ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Traditional System ◽  
Common Features ◽  
Legal Method

In the 21st century, the concept of restorative justice has become widespread in criminal proceedings. The introduction of special compromise procedures into the criminal process allows for the restoration of the rights of the victim and reduces the level of repression in the criminal justice system. The traditional system of punishment is considered ineffective, not conducive to the purpose of compensating for harm caused by the crime. Restorative justice enables the accused to compensate for the harm caused by the crime and is oriented not towards their social isolation, but towards further positive socialization. The introduction of the ideas of restorative justice into the Russian criminal process requires the introduction of special conciliation procedures. The purpose of the article is to reveal promising directions for introducing special conciliation procedures into the Russian criminal process. The use of the formal legal method provided an analysis of the norms of criminal procedure legislation and the practice of its application. Comparative legal analysis revealed common features in the development of models of restorative justice in modern states. Conclusions. The introduction of conciliation procedures into the Russian criminal process is in line with the concept of its humanization and reduction of the level of criminal repression. The consolidation of the mediator»s procedural status and the mediation procedure in the criminal procedure legislation will make it possible to put into practice the elements of restorative justice.

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