PRZESTĘPSTWO PORWANIA LUB PRZETRZYMYWANIA DLA OKUPU W PRAWIE KANONICZNYM KOŚCIOŁA KATOLICKIEGO OBRZĄDKU ŁACIŃSKIEGO

2014 ◽  
Vol 3 (3) ◽  
pp. 71-92
Author(s):  
Olga Arent
Keyword(s):  
Criminal Law ◽  
Canon Law ◽  
Legal Analysis ◽  
Code Of Canon Law ◽  
Legal Research

Subject of this article is the legal research on actions of kidnapping or hostage- keeping forransom, and in return release of the hostages. Likewise in polish criminal law and other penal lawsystems, also in catholic canon law this is a crime. The main point of the article is to illustrate the evolution of law regulations on these crimes, as well as dogmatic and legal analysis of can. 1370 and can. 1397 Code of Canon Law (CIC) from theyear 1983, which are related to it. The article also relates to notification problem and expirationof prosecution. 

PORWANIE LUB PRZETRZYMYWANIE DLA OKUPU WEDŁUG KODEKSU KANONÓW KOŚCIOŁÓW WSCHODNICH Z 1990 ROKU

2014 ◽  
Vol 4 (4) ◽  
pp. 49-58
Author(s):  
Olga Arent
Keyword(s):  
Canon Law ◽  
Legal Analysis ◽  
Code Of Canon Law ◽  
Legal Research ◽  
Penal Law ◽  
Penal Sanctions

Subject of this article is the legal research on crime of kidnapping or hostage- keeping forransom in jurisdiction of Code of Canons of Oriental Churches. Dogmatic and legal analysis ofnorms of the present code shows that can. 1445 and can. 1451 CCEO of 1990, alike can. 1370and can. 1397 Code of Canon Law (CIC of 1983), provide the possibility to punish perpetratorsof kidnapping or hostage – keeping for ransom of cleric persons, as well as any other person.Regarding this crime, penal sanctions upon CCEO of 1990 are heavier than these, which can beordered based on CIC of 1983.Aside from mentioned offences, Canon Law of Oriental Churches penalizes physical or psychicaltortures, so offender who kidnap or keep hostages with tortures will be liable for this crime.According to Canon Code of Oriental Churches, solely the court can order penalties, so likewisein polish penal law. However, due to specific ecclesiastic community, the nature of penal sanctionsis spiritual.

HISTORICAL AND LEGAL ANALYSIS OF THE DEVELOPMENT OF EXTREME NECESSITY AS A CIRCUMSTANCE PRECLUDING THE CRIMINALITY OF AN ACT

2021 ◽  
pp. 83-90
Author(s):  
M. G. Nikitenko ◽  
E. E. Nikitenko
Keyword(s):  
Retrospective Analysis ◽  
Criminal Law ◽  
Canon Law ◽  
Historical Development ◽  
Criminal Liability ◽  
The State ◽  
Legal Analysis ◽  
State Of Emergency ◽  
Criminal Legislation ◽  
Medieval Canon Law

The article presents an analysis of the historical development of extreme necessity as an institution of criminal law. The authors examines the peculiar views of Roman jurists on the possibility of exemption from criminal liability in connection with injury to the state of emergency, the specifics of medieval canon law, assessment of Russian lawyers of the institute of extreme necessity. Conclusions about the peculiarities of the evolution of the norms of extreme necessity in criminal legislation on the basis of a retrospective analysis of the sources of criminal law are made.

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