The legal nature of verifi cation activities under Article 307(5) of the Polish Code of Criminal Procedure of 6 June 1997

2021 ◽  
Vol 143 (3) ◽  
pp. 386-404
Author(s):  
Michał Sędziński
Keyword(s):  
Criminal Procedure ◽  
Legal Nature ◽  
The Subject ◽  
Polish Code

This article discusses an issue associated with verifi cation proceedings in the Polish Code of Criminal Procedure. It attempts to determine the legal nature of activities related to the “verifi cation of one’s own information”, referred to in § 5 of the Code of Criminal Procedure. Although verifi - cation proceedings have become the subject of numerous publications and studies, the link between the “verifi cation of one’s own information” and “verifi cation roceedings” has not been determined, similar to the nature of § 5 mentioned above has not been established eithe Therefore, this article seeks to determine whether the activities referred to in Article 307(5) of the Code of Criminal Procedure form a part of verifi cation proceedings or whether they are distinct from this stage of proceedings and whether they impact such proceedings. Furthermore, the discussion covers also the consequences of a situation in which information about an offence, obtained through a traditional report or from other sources, is not confi rmed. In particular, this article analyses a situation in which a refusal to initiate an investigation is issued.

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".

To the Matter of Procedural and Legal Problems of Detaining a Person on Suspicion of Committing a Crime

2021 ◽  
Author(s):  
E.V. Bolshakov ◽  
◽  
I.D. Nazarov ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Procedure ◽  
Criminal Case ◽  
Judicial Practice ◽  
Procedure Code ◽  
Legal Nature ◽  
The Status ◽  
The Subject ◽  
The Russian Federation ◽  
The Moment

The subject of the research within the framework of the article is the criminal procedure institute for the detention of a person on suspicion of committing a crime. The legal nature of this institution is analyzed, and comments are given on the normative legal acts and judicial practice regulating the issues of detention. The theoretical basis of the research is based on the publications of the last two decades on this problem, in particular, reflecting the discussion of the process scientists S. A. Shafer, S. B. Rossinsky and A. A. Tarasov, the subject of which was the issue of the legal nature of a suspect detention in a criminal case. In the paper, the authors ask the following questions: What is the detention of a person on suspicion of committing a crime in accordance with the legislation of the Russian Federation? From what moment does the detained person acquire the status of a suspect? Is it possible to detain a person before initiating a criminal case? The study concludes that a person acquires the actual status of a suspect from the moment of direct detention, that is, before documenting this status and, as a result, before initiating a criminal case. Amendments to the articles of the Criminal Procedure Code of the Russian Federation are proposed, and the authors` versions of the definitions of the concepts «detention of a suspect», «the moment of actual detention» and «pre-trial proceedings» are given.

Complaint against the judgment of the court of appeal – de lege lata and de lege ferenda remarks

2019 ◽  
Vol 2 (XIX) ◽  
pp. 95-115
Author(s):  
Jan Kil
Keyword(s):  
Criminal Procedure ◽  
Specific Kind ◽  
Application Of Law ◽  
Legislative Proposals ◽  
The Subject ◽  
Polish Code ◽  
Court Of Appeal

The subject of the article is the analysis of the complaint against the judgment of the court of appeal, that has been described in chapter 55a of Polish Code of Criminal Procedure and was introduce by Amending Act of 11th March 2016. The purpose of the article is to present and the analyse the new regulation. The article covers the main issues, which are the most crucial both in law doctrine and the judicial application of law. The author presents the nature of this specific kind of appeal complaint, conditions of its application and the proceedings in this matter. The paper examines each of the issues penetratingly. The study presents the arguments, which justify the implementation of the new appeal measure to the Polish Code of Criminal Procedure. Besides, the author presents legislative proposals connected with the complaint against the judgment of the court of appeal.

scholarly journals Normatywne ujęcie czynności operacyjno-rozpoznawczych w aspekcie dowodu nielegalnego

2021 ◽  
Vol 13 (24) ◽  
pp. 333-350
Author(s):  
Norbert Nowicki
Keyword(s):  
Criminal Procedure ◽  
Point Of View ◽  
Roles And Responsibilities ◽  
Legal Nature ◽  
The Subject ◽  
Covert Activity ◽  
Effective Use ◽  
Illegal Evidence ◽  
Operational Methods ◽  
Practical Dimension

Zagadnienia omawiane w niniejszym artykule dotyczą statusu normatywnego czynności operacyjno-rozpoznawczych w kontekście ustawy o Policji oraz kodeksu postępowania karnego. Podjęto próbę wskazania warunków, które rzutują na legalny charakter inwigilacji, a co za tym idzie – na skuteczne wykorzystanie materiału operacyjnego w procesie karnym. W tym celu scharakteryzowano niejawną aktywność Policji, wyszczególniając dopuszczalne metody operacyjne oraz definiując czynności operacyjno-rozpoznawcze w świetle literatury przedmiotu. Aby w pełni zobrazować problematykę poruszoną w artykule, przeanalizowano relację prawną między dowodem nielegalnym, o którym mowa w art. 168a kpk, a dowodem z czynności operacyjno-rozpoznawczych, na przykładzie zarządzonej kontroli operacyjnej. Praktyczny wymiar tych rozważań omówiono z punktu widzenia postępowania dowodowego, z uwzględnieniem ról i obowiązków procesowych prokuratora oraz sądu. Normative approach to operational and reconnaissance activities in terms of illegal evidence The issues discussed in this article refer to the normative status of operational and investigative activities in the context of the Police Act and the Code of Criminal Procedure. Namely, an attempt was made to demonstrate the conditions that affect the legal nature of surveillance, and thus the effective use of operational material in a criminal trial. For this purpose, the covert activity of the Police has been characterized by listing acceptable operational methods and defining operational and reconnaissance activities in the light of the literature on the subject. Therefore, in order to fully illustrate the issues discussed, an analysis was conducted of the legal relationship between the illegal evidence referred to in Art. 168a of the Code of Criminal Procedure and the evidence from operational and reconnaissance activities, on the example of an ordered operational control. The practical dimension of these considerations is discussed from the point of view of evidence proceedings, taking into account the procedural roles and responsibilities of the prosecutor and the court.

Complaint against the judgment of the court of appeal as appeal measure sui generis

2019 ◽  
Vol specjalny (XIX) ◽  
pp. 165-181
Author(s):  
Jan Kil
Keyword(s):  
Criminal Procedure ◽  
Specific Kind ◽  
Application Of Law ◽  
The Subject ◽  
Polish Code ◽  
Court Of Appeal

The subject of the article is the analysis of the complaint against the judgment of the court of appeal, that has been described in chapter 55a of Polish Code of Criminal Procedure and was introduce by Amending Act of 11th March 2016. The purpose of the article is to present and the analyse the new regulation. The article covers the main issues, which are the most crucial both in law doctrine and the judicial application of law. The author presents the nature of this specific kind of appeal complaint, conditions of its application and the proceedings in this matter. The study presents the arguments in favour of categorising the complaint against the judgment of the court of appeal as extraordinary appeal measure, as well as ordinary appeal measure.

KARNOPROCESOWA OCHRONA CZŁONKÓW PERSONELU MEDYCZNEGO LUB OSÓB PRZYBRANYCH IM DO POMOCY (ART. 276A K.P.K.)

2021 ◽  
pp. 262-281
Author(s):  
Jacek Kosonoga ◽  
Sławomir Żółtek
Keyword(s):  
Medical Staff ◽  
Preventive Measure ◽  
Criminal Procedure ◽  
The Subject ◽  
Polish Code

The subject of the article is a new preventive measure introduced last year in Article 276a of the Polish Code of Criminal Procedure for the protection of the medical staff or persons chosen to help them. Authors discuss in detail the need for such a measure, its purpose and functions, the level of protection it offers, the basic grounds for its application, the various type of injunctions associated with the preventive measure, the associated surety or financial guarantee, and the period of time for which such an injunction may remain in force as well as the authorities applying the preventive measure. Due to the scale of comments, often critical, the issue discussed in the article may turn out to be useful for both legal practitioners and theoreticians.

List żelazny na tle prawnoporównawczym

2015 ◽  
pp. 37-64
Author(s):  
Dariusz Drajewicz
Keyword(s):  
Criminal Procedure ◽  
International Agreements ◽  
Swiss German ◽  
Historical Outline ◽  
German Speaking ◽  
The Subject ◽  
Legislative Amendments ◽  
Polish Code

The author presents a historical outline of the safe conduct and analyses regulations concerning the safe conduct in the German speaking provisions, particular in the Austrian Code of Criminal Procedure of 1873, the German Code of Criminal Procedure of 1877, the Liechtenstein Code of Criminal Procedure of 1988, the Swiss German Code of Criminal Procedure of 2007, and international agreements. The author explains also the subject of the safe conduct protection, scope of its protection, and an agency offering such a protection. This article shows differences between legal solutions provided for in these provisions and in the Polish Code of Criminal Procedure of 1997. The author focuses also on the advantages of foreign solutions versus Polish safe-conduct regulations and analysis of the proposals of legislative amendments, presenting de lege ferenda postulates.

scholarly journals „Osoba podejrzana”, „podejrzany” i „oskarżony” w polskim procesie karnym – zakres pojęciowy

2021 ◽  
Vol 27 (1) ◽  
pp. 133-171
Author(s):  
Mariusz Kucharczyk
Keyword(s):  
Preventive Measures ◽  
Criminal Procedure ◽  
Criminal Code ◽  
Sensu Stricto ◽  
Criminal Proceedings ◽  
Legal Standing ◽  
The Subject ◽  
Polish Code ◽  
Precise Time

The subject of this article is nomenclatural interpretation of the notions of “a person of interest”, “a suspect” and “a defendant” in Polish Code of Criminal Procedure – the parties in criminal proceedings who are suspected of committing a crime or who are charged with a crime. The article discusses the legal definitions of the word “suspect” according to Article 71 § 1 of the Code of Criminal Procedure (i.e. a person against whom a statement of objections has been issued and a person who has been charged on the grounds of examination of the person in question as a suspect) as well as the word “defendant” according to Article 71 § 2 and 3 of the Code of Criminal Procedure (sensu stricto and sensu largo). Moreover, the article provides an overview of the available definitions of “a suspect” and “a person of interest” – parties named directly in the Code of Criminal Procedure. In addition to that, the article discusses the notion of “actual suspect” (whose definition and understanding varies in the doctrine), which emerged from the previously effective Code of Criminal Procedure. The article analyses the legal standing of such an “actual suspect” in the context of Article 233 § 1a of the Criminal Code (a regulation which is considered potentially unconstitutional). While discussing the figure of the “suspect”, the author analyzes terms such as “issuing” and “preparation” – in connection with Article 71 § 1 and 313 § 1 of the Criminal Code and the lack of agreement within the discipline regarding the precise time at which the statement of objections has been issued (which is connected with obtaining the position of the passive party to proceedings in criminal procedure).Moreover, the article discusses in some detail the legal standing of a person against which a motion has been presented, according to Article 354 of the Code of Criminal Procedure, regarding the discontinuation of proceedings and issuing preventive measures protecting the person of an insane perpetrator – in the context of nomenclature.

Audientia sacerdotalis?—Remarks on the Legal Nature of Dispute Resolution by Ecclesiastics in Late Antiquity

2021 ◽  
Vol 25 (1) ◽  
pp. 108-149
Author(s):  
Marzena Wojtczak
Keyword(s):  
Dispute Resolution ◽  
Late Antiquity ◽  
Simultaneous Increase ◽  
Legal Practice ◽  
Legal Doctrine ◽  
The Past ◽  
Lower Rank ◽  
Literary Sources ◽  
Legal Nature ◽  
The Subject

Abstract The problem of audientia episcopalis in late antiquity has been the subject of extensive research in the past. Previous studies have usually focussed on the legal doctrine, as well as the picture of bishop courts in the light of the literary sources. In contrast, the question of how audientia episcopalis functioned in the legal practice as shown by papyri has caused scholars much difficulty, due to the limited material available as well as the obscure nature of the institution. One could therefore ask: how is it possible that such allegedly common practice of dispute resolution by the bishops—as literary sources make us believe—is so elusive in the papyri? How to explain the simultaneous increase for that period of the papyrological attestations regarding arbitration/mediation carried out by the clergy of lower rank? Could we be dealing with some sort of audientia sacerdotalis functioning in the legal practice? How widespread was in fact the audientia episcopalis, and was this institution homogeneous or rather heterogeneous in nature? The paper presents the attempt to answer these questions by confronting the imperial law with the evidence of legal practice.

scholarly journals Search in Criminal Procedure of Russia and Germany: Comparative Legal Characteristics

2018 ◽  
Vol 50 ◽  
pp. 01159
Author(s):  
Anton Shamne
Keyword(s):  
Comparative Analysis ◽  
Federal Republic ◽  
Russian Federation ◽  
Criminal Procedure ◽  
Federal Republic Of Germany ◽  
Procedure Code ◽  
The Status ◽  
The Subject ◽  
The Russian Federation ◽  
Similarities And Differences

The article compares the Criminal Procedural Codes provisions of the Russian Federation and the Federal Republic of Germany that regulate conducting a search as an investigative act. It also provides and compares the definitions of the concept “search” and “dwelling” given in Russian and German criminal procedural legislation. The reasons for conducting the search in general and the search of dwelling are considered, similarities and differences are revealed in relation to the status of the subject who is under the search. The author characterizes the search of dwelling and gives a comparative analysis of this investigative action as well as the notion of “urgent cases” in both countries. The authors also proposed some brief recommendations for improving the norms of the Russian Federation Criminal Procedure Code.

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