scholarly journals Criminalisation of Possession of Narcotics in Poland

2021 ◽  
Vol 9 (2) ◽  
pp. 42-71
Author(s):  
Katarzyna Banasik
Keyword(s):  
Final Section ◽  
Case Law ◽  
Criminal Proceedings ◽  
Current State ◽  
Historical Outline ◽  
Personal Use ◽  
European Regulations ◽  
The Subject

The subject of this paper is the issue of the criminalisation of the possession of narcotics in Poland. Particular attention is paid to the institution of the optional termination of criminal proceedings in cases when the person who has committed the offence is in possession of an inconsiderable amount of narcotics for personal use. The aim of the study is, among other things, to demonstrate how this institution functions in practice and to examine whether the Polish regulations are compatible with the international and the European regulations. The author first presents a historical outline of the criminalisation of offences involving an unlawful possession of narcotics, and then develops the idea of what should be understood by ‘possession’ of narcotics while also addressing the issue of ‘possession of narcotics within one’s own body’. In the further section of the paper, the author analyses the notion of ‘an inconsiderable quantity of narcotics’, presenting views expressed in the literature and showing disparities in interpretations of this notion in the case law. In the final section, the author presents conclusions and an assessment of the current state of the relevant Polish legislation.

scholarly journals (Il)Legal evidence in criminal procedures in the case law of the Supreme Court of Cassation in 2019 and 2020

2021 ◽  
Vol 93 (2) ◽  
pp. 435-456
Author(s):  
Milana Pisarić
Keyword(s):  
Supreme Court ◽  
International Law ◽  
Case Law ◽  
International Treaties ◽  
Criminal Proceedings ◽  
Case File ◽  
Legal Evidence ◽  
The Supreme Court ◽  
The Subject ◽  
Illegal Evidence

The Criminal Procedure Code stipulates that court decisions may not be based on evidence which is, directly or indirectly, by itself or in the manner of obtaining it, contrary to the Constitution, this Code, other laws or the generally accepted rules of international law and ratified international treaties, except in proceedings conducted for the purpose of obtaining such evidence. Illegal evidence cannot be used in criminal proceedings and is therefore separated from the case file. If the judgment is based on illegal evidence, it can be challenged by the appeal against the judgment, but also by the request for the protection of legality. The subject of the paper is the analysis of the recent case law of the Supreme Court of Cassation (in the period from January 1, 2019 to December 31, 2020) regarding the requests for the protection of legality stated in connection with illegal evidence.

scholarly journals Appeal of report of suspicion during the pre-trial investigation

2019 ◽  
pp. 17-32
Author(s):  
N. Glynska ◽  
D. Klepka
Keyword(s):  
Case Law ◽  
Regulatory Framework ◽  
General Mechanism ◽  
Complex Nature ◽  
Effective Solution ◽  
Criminal Proceedings ◽  
Criminal Proceeding ◽  
The Third ◽  
The Subject ◽  
Procedural Decisions

One of the most important criminal procedural decisions is the notice of suspicion which is essential both for the criminal proceeding as a whole and for the person to whom this message is made. Therefore, compliance with the legality and validity of the notice of suspicion is important in the general mechanism of effective solution of the tasks of criminal proceedings, in particular, regarding appealing the notice of suspicion during the pre-trial detention investigation. On bases of the case-law analysis, a number of issues have been highlighted in connection with the appeal of report of suspicion during the pre-trial investigation. The purpose of the article is to cover the gaps and conflicts of the current criminal procedural legislation in the regulation of appealing the report of suspicion during the pre-trial investigation. The authors summarized the case law on consideration of complaints about suspected reports during the pre-trial investigation, which allowed to identify 3 variants of interpretation by the investigating judges of the «suspicion report» as a subject of appeal: 1. the subject of the appeal is only the procedure for the report of suspicion; 2. the subject of the appeal is only the report of suspicion as a procedural decision; 3. The subject of the appeal is the written report of suspicion as a procedural decision and the procedure for the implementation of the report of suspicion. It is justified that the third approach is correct. The authors support the view of the complex nature of the notion of suspicion. Particular attention is paid to the issue of challenging the validity of the suspicion report. In the article the practice of investigating judges who refuse to open proceedings on a complaint about the validity of a suspected report is evaluated critically. On the basis of the practice of ECtHR, the authors conclude that the validity of a suspicion report may be may be the subject of an appeal during the pre-trial investigation in view of the insufficiency of the evidence on which it is based. In addition, it is concluded that the appeal of the suspicion report is ineffective after two months from the bottom of the report of the suspected in crime and one month after the report of the suspected in offense. On the basis of the conducted research, the authors proposed to amend the current CPC in order to improve the regulatory framework for appealing the suspected report during the pre-trial investigation.

scholarly journals The standard of proof “beyond a reasonable doubt” in criminal proceedings of Ukraine in the context of the ECHR case-law

2021 ◽  
Vol 10 (46) ◽  
pp. 281-289
Author(s):  
Oleksandr Drozdov ◽  
Volodymyr Hryniuk ◽  
Serhii Kovalchuk ◽  
Liliia Korytko ◽  
Galyna Kret
Keyword(s):  
Research Methodology ◽  
Practical Implication ◽  
Case Law ◽  
Reasonable Doubt ◽  
Criminal Proceedings ◽  
Standard Of Proof ◽  
Legal Method ◽  
Methods Of Analysis ◽  
The Subject ◽  
The Individual

The purpose of the paper is to determine a content of the standard of proof “beyond a reasonable doubt” (SP “BRD”) in the ECHRcase law and Ukrainian criminal proceedings by defining the criteria that characterize it. The subject is the SP “BRD”, doctrine of Ukraine and case-law, including its criticism by the individual judges of the ECHR and Ukrainian scholars. The research methodology includes the methods of analysis, the method of synthesis, the methods of deduction and induction, comparative-legal method, systematic and formal-legal methods. The results of the study. The acceptability of the SP “BRD” in the Ukrainian criminal proceedings is substantiated, in particular, its compliance with the purpose of criminal procedural proof. Practical implication. The criteria which characterize the SP “BRD” in the ECHR’s and SC’s case law are highlighted.

SYSTEM OF MAIN PROCEEDINGS FOR THE PROTECTION OF PUBLIC LEGAL INTERESTS: WHAT SHOULD IT BE LIKE

2021 ◽  
Vol 10 (6) ◽  
pp. 66-83
Author(s):  
S.A. BURMISTROVA
Keyword(s):  
Public Law ◽  
Power Relationship ◽  
Criminal Proceedings ◽  
Current State ◽  
Legal Relationship ◽  
Civil Proceedings ◽  
The Subject ◽  
State Of Affairs ◽  
Administrative Proceedings ◽  
Broad Understanding

According to modern Russian procedural legislation, the protection of public legal interests is carried out in civil and administrative proceedings. In administrative proceedings, interests that are implemented in a public-law power relationship are protected; in civil proceedings, interests that are implemented in a public legal relationship based on equality of the parties are protected. The author believes that all public legal interests are united in that their implementation is significant for the whole society, its part, and an indefinite circle of people. This feature gives rise to the specifics of not only the implementation, but also the protection of public legal interests. The current state of Affairs in which some publicly-legal interests defended in administrative proceedings and the other in civil law, the author believes is wrong, because it may lead to inadequate protection and the violation of such interests in the application of procedures, not taking into account the peculiarities of the subject of protection. Based on a broad understanding of administrative proceedings as proceedings for the protection of public legal interests, with the exception of those that receive protection in constitutional and criminal proceedings, the author puts forward the thesis that in administrative proceedings there should be proceedings designed to consider disputes that are not related to legal relations. Thus, it is justified that administrative proceedings should have special administrative and administrative claim proceedings.

SUBSTANTIVE LAW VIOLATION AS A BASIS FOR REVOCATION OF THE RULING

2018 ◽  
Vol 1 (XVIII) ◽  
pp. 231-241
Author(s):  
Piotr Kruszyński ◽  
Jan Kil
Keyword(s):  
Criminal Procedure ◽  
Case Law ◽  
Historical Evolution ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
The Subject ◽  
Substantive Law

The subject of the article is an analysis of a violation of substantive law as the basis for the revocation of a ruling in Polish criminal proceedings. The study presents the historical evolution of the violation of substantive law as an appeal basis in consecutive criminal procedure codifications, starting from the Code of Criminal Procedure of 1928. The paper reviews and analyzes the case law regarding the pleasof theviolation of substantive law in criminal cases. In-depth consideration was given to the violation of substantive law as the basis for ordinary and extraordinary appeals in the criminal proceedings. The publication examines the legitimacy of recognition of violations of substantive law in the category of absolute appeal basis. Also, the violation of substantive law was confronted with the institution of gross injustice of the rulingstemming from Article 440 of Code of Criminal Procedure (kpk).

scholarly journals Current state and prospects of development of a civil suit in criminal proceedings

Lex Russica ◽  
2019 ◽  
pp. 100-107 ◽  
Author(s):  
T. E. Sushina
Keyword(s):  
Burden Of Proof ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Governmental Organizations ◽  
Current State ◽  
Non Governmental Organizations ◽  
Civil Proceedings ◽  
Civil Suit ◽  
The Subject ◽  
The Russian Federation

The paper analyzes the current state and prospects of development of the mechanism of compensation of harm in criminal proceedings. It is noted that with a steady trend of growing discontent of the majority of victims with the state’s activities to restore their rights violated because of the crime, the courts properly resolve civil claims in criminal cases. The reasons why article 52 of the Constitution of the Russian Federation remains declarative are revealed. The conclusion about the inadmissibility of expanding the subject and grounds of civil claims in criminal proceedings is substantiated. It is indicated that the foreign practice of compensation for harm to victims, including through the formation of compensation funds, the use of mediation procedures, funds of non-governmental organizations, faces many problems that remain unresolved. In this regard, it is proposed to use only the institutions of restitution and voluntary compensation of harm in the criminal process, actively using the possibilities of pre-trial stages, as well as to consider claims that clearly arise from the substance of the criminal law dispute and (or) recognized by civil defendants. The remaining civil law issues directly or indirectly related to the committed or impending crime should be resolved in civil proceedings, where the burden of proof of the asserted claims is placed on the person recognized as the victim in the criminal case, his heir or representative. An important role is given to the improvement of the system of execution of court decisions, including through the development of programs based on the achievements of modern digital technologies.

scholarly journals Reasonable Time in Criminal Proceedings of Ukraine in the Context of the European Court of Human Rights Case Law

2021 ◽  
Vol 11 (2) ◽  
pp. 701-715
Author(s):  
Bohdan Derdiuk ◽  
Serhii Kovalchuk ◽  
Snizhana Koropetska ◽  
Vasyl Savchenko ◽  
Oleksandra Smushak
Keyword(s):  
Human Rights ◽  
Practical Implication ◽  
Case Law ◽  
Point Of View ◽  
Criminal Proceedings ◽  
Reasonable Time ◽  
European Court ◽  
Time Period ◽  
The Subject ◽  
Definition Of

The purpose of the paper is an analysis of the notion of reasonable time, period which is taken into account in their calculation and criteria for determining a reasonable time for criminal proceedings in Ukrainian criminal procedural legislation in the context of the European Court of Human Rights case law. The subject of the study is an analysis of Ukrainian criminal procedural legislation from the point of view of its conformity to the ECHR’s case law in the designation of a reasonable time, period which is taken into account in calculation of a reasonable time and criteria for its determining for criminal proceedings. The research methodology includes comparative legal, systematic, functional, formal legal and others methods. The results of the study. The period which is taken into account in calculation of a reasonable time and the criteria for its determining is studied comprehensively as a basis for definition of the notion of reasonable time. Practical implication. The range of suggestions for improvements of Ukrainian criminal procedural legislation relating content of reasonable time and mechanism used to their calculate is defined. Value / originality. Based on the results of an analysis the authors’ concept of reasonable time is proposed.

scholarly journals Understanding the Permafrost–Hydrate System and Associated Methane Releases in the East Siberian Arctic Shelf

Geosciences ◽  
2019 ◽  
Vol 9 (6) ◽  
pp. 251 ◽  
Author(s):  
Natalia Shakhova ◽  
Igor Semiletov ◽  
Evgeny Chuvilin
Keyword(s):  
Final Section ◽  
Thermal State ◽  
Arctic Shelf ◽  
The Arctic ◽  
Current State ◽  
Siberian Arctic ◽  
History Of ◽  
The Subject ◽  
Future Work ◽  
Subsea Permafrost

This paper summarizes current understanding of the processes that determine the dynamics of the subsea permafrost–hydrate system existing in the largest, shallowest shelf in the Arctic Ocean; the East Siberian Arctic Shelf (ESAS). We review key environmental factors and mechanisms that determine formation, current dynamics, and thermal state of subsea permafrost, mechanisms of its destabilization, and rates of its thawing; a full section of this paper is devoted to this topic. Another important question regards the possible existence of permafrost-related hydrates at shallow ground depth and in the shallow shelf environment. We review the history of and earlier insights about the topic followed by an extensive review of experimental work to establish the physics of shallow Arctic hydrates. We also provide a principal (simplified) scheme explaining the normal and altered dynamics of the permafrost–hydrate system as glacial–interglacial climate epochs alternate. We also review specific features of methane releases determined by the current state of the subsea-permafrost system and possible future dynamics. This review presents methane results obtained in the ESAS during two periods: 1994–2000 and 2003–2017. A final section is devoted to discussing future work that is required to achieve an improved understanding of the subject.

The Admissibility of Polygraph Evidence in English Criminal Proceedings

2012 ◽  
Vol 76 (3) ◽  
pp. 232-253 ◽  
Author(s):  
Michael Stockdale ◽  
Don Grubin
Keyword(s):  
Common Law ◽  
Case Law ◽  
Evidence Based ◽  
Expert Evidence ◽  
Criminal Proceedings ◽  
The Subject ◽  
Polygraph Examination

The belief that polygraph evidence is inadmissible in English criminal proceedings has as its basis a variety of common law exclusionary evidential rules. In reality, this view is backed up by very little English case law. Further, several of the relevant common law rules have been modified by statute, have become obsolescent or, dependent upon circumstances, may not always exclude polygraph. Moreover, it is necessary to distinguish expert evidence based on the pass-fail results of a polygraph examination (which, if admissible at all, would appear only to be admissible in very limited circumstances) from evidence of statements made by the subject of the polygraph examination (which may be admissible in a wider variety of circumstances).

ENSURING THE RIGHT OF THE SUSPECT TO GET ACQUAINTED WITH THE CASE MATERIALS IN THECRIMINAL PROCESS

2021 ◽  
Vol 6 (2) ◽  
pp. 76-81
Author(s):  
Kamoliddin Mavlanov ◽  
Keyword(s):  
Comparative Analysis ◽  
Sufficient Time ◽  
Criminal Proceedings ◽  
Relevant Issue ◽  
Current State ◽  
Foreign Countries ◽  
Legitimate Interests ◽  
The Subject ◽  
Effective Organization ◽  
The Right

This article is aimed at protecting the rights and legitimate interests of a suspect in the course of criminal proceedings, during which it is his right to protection that has beeninvestigated. Awareness of persons defending their interests in criminal proceedings, based on the materials of work at the early stages of the process, affects the effective organization of protection. The subject, who is obliged to prove, will have to provide the suspect with sufficient time and conditions to organize his defense. The article uses a comparative analysis to study the current state of our national criminal procedure legislation on the relevant issue, the experience of developed foreign countries

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