Miejsce popełnienia przestępstwa abstrakcyjnego zagrożenia a terytorialny zasięg polskiego prawa karnego

2021 ◽  
Author(s):  
Anna Monika Demenko
Keyword(s):  
Criminal Law ◽  
Shared Understanding ◽  
New Perspective ◽  
Polish Law

The paper discusses the possibility of prosecuting an offence committed abroad pursuant to the Polish law based on the territoriality principle, if it is an abstract endangerment offence. According to commonly shared understanding of Article 6(2) pcc, such offences, unlike offences of specific endangerment or violations, can be considered as committed only in the location where the offender performed his act, regardless of where the results of their act occurred. Such an interpretation restricts the application of the territoriality principle in the cases in which the offender acts abroad but the legal good is endangered or even violated on Polish grounds and the legislator decided to protect this good even from abstract dangers. Such restriction does not seem to be justified having in regard the main functions of criminal law, such as protection and compensation. Thus the expression “the result constituting a feature of a prohibited act” used in Article 6(2) pcc, requires rethinking. It should  be read from a new perspective, not the perspective of unlawfulness, but considering the role the “place of committing an offence” plays in determining Polish jurisdiction and application of the Polish  law.

scholarly journals O SKUTKOWOŚCI PRZESTĘPSTW FORMALNYCH

2016 ◽  
Vol 14 (1) ◽  
pp. 159
Author(s):  
Paweł Nowak
Keyword(s):  
Criminal Law ◽  
Polish Law ◽  
The Moment ◽  
Definition Of

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.

scholarly journals State Security as Exemplified by the Offense of Espionage Under Polish Law

2021 ◽  
pp. 49-73
Author(s):  
Remigiusz Rosicki
Keyword(s):  
Criminal Law ◽  
Research Problem ◽  
Criminal Code ◽  
Practical Case ◽  
Legal Analysis ◽  
State Security ◽  
Legal Provisions ◽  
Research Questions ◽  
Polish Law

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.

Civil Order and the Public Realm

2018 ◽  
Author(s):  
R A Duff
Keyword(s):  
Criminal Law ◽  
Public Law ◽  
Civic Life ◽  
Shared Understanding ◽  
Public Realm ◽  
The Public ◽  
Civil Order ◽  
Public Wrong

This chapter offers an account of the practice of civic life: of the ‘public realm’, within which criminal law operates as public law. ‘Civil order’, the normative ordering of the polity’s life, is central to this public realm: it is structured by the values through which a polity constitutes itself; it can be partly defined by a written constitution, but is also implicit in the polity’s institutions and practices. A conception of civil order depends on a normative distinction between the ‘public’ and the ‘private’: we must attend to different public–private distinctions. We must also attend to the preconditions of civil order: what kinds of shared understanding are necessary; what can be said to dissenters? Given a conception of a polity’s civil order, and its public realm, we can understand a ‘public wrong’ as a wrong that falls within that public realm, and violates that civil order.

Implementation of the New eu Directive on Confiscation in Poland: The Challenge of Overcoming the Negative Historical Experiences of Confiscation Orders

2016 ◽  
Vol 24 (1) ◽  
pp. 19-38
Author(s):  
Ariadna H. Ochnio
Keyword(s):  
Criminal Law ◽  
Criminal Trial ◽  
Penal Code ◽  
Legal Tradition ◽  
Criminal Proceedings ◽  
Eu Directive ◽  
Proceeds Of Crime ◽  
Property Confiscation ◽  
Polish Law

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.

scholarly journals THE PHENOMENON OF SECONDARY VICTIMISATION IN THE CONTEXT OF VICTIMS OF SEXUAL OFFENSES WITH PARTICULAR REFERENCE TO THE CRIME OF RAPE

Probacja ◽  
2020 ◽  
Vol 2 ◽  
pp. 117-134
Author(s):  
Nikola Tkacz
Keyword(s):  
Criminal Law ◽  
Criminal Procedure ◽  
Ethical Perspective ◽  
Sexual Crimes ◽  
Sexual Offenses ◽  
Secondary Victimisation ◽  
Polish Law

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.

scholarly journals Victims of Parental Kidnappings in Light of Polish Criminal Law (Based on the Results of Case Law Research)

2018 ◽  
Vol 6 ◽  
pp. 86-100
Author(s):  
Diana Dajnowicz-Piesiecka
Keyword(s):  
Full Article ◽  
Criminal Law ◽  
Case Law ◽  
English Abstract ◽  
Criminal Case ◽  
Criminal Cases ◽  
Parental Kidnapping ◽  
Polish Law ◽  
Article Abstract

[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.

scholarly journals Collective Criminal Liability in the Republic of Poland

2018 ◽  
Vol 3 ◽  
pp. 3-10
Author(s):  
Aleksandr V. Fedorov ◽  
◽  
Petr A. Litvishko ◽  
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Legal Regulation ◽  
Broad Sense ◽  
The Republic ◽  
Polish Law ◽  
Corporate Criminal Liability ◽  
Legal Entities

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.

FORGERY AND THE END OF THE ‘BLOODY CODE’ IN EARLY NINETEENTH-CENTURY ENGLAND

2005 ◽  
Vol 48 (3) ◽  
pp. 683-702 ◽  
Author(s):  
PHIL HANDLER
Keyword(s):  
Nineteenth Century ◽  
Criminal Justice ◽  
Criminal Law ◽  
Focal Point ◽  
Early Nineteenth Century ◽  
Negative Image ◽  
Penal Reform ◽  
Short Space ◽  
The Law ◽  
New Perspective

Penal reformers in the 1810s and 1820s condemned the English criminal law as a ‘bloody code’: a monolithic mass of draconian statutes inherited from a former, less civilized age. This overwhelmingly negative image underpinned the dramatic and unexpected repeal of the capital statutes in the 1830s and survived to define a whole era of criminal justice history. This article explores the conditions that enabled the reformers to establish such a powerful critique of the law in such a short space of time. It contends that a key to their success was their ability to exploit contemporary scandals to argue that the law had lost touch with public opinion. Forgery aroused more controversy than any other species of capital crime in the 1820s and became the focal point for opposition to the capital laws. By analysing how reformers used the scandal surrounding forgery to foster the notion that the law was a ‘bloody code’, this article presents a new perspective on the early nineteenth-century penal reform debate.

scholarly journals Dobrowolna sterylizacja. Uwagi de lege lata

2015 ◽  
pp. 57-79
Author(s):  
Justyna Holocher
Keyword(s):  
International Law ◽  
Criminal Law ◽  
Self Determination ◽  
Human Being ◽  
The Law ◽  
Serious Injury ◽  
Polish Law

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

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