Introduction of Art. 276a of the CCP as a Result of the Impact of the SARS-CoV–2 Pandemic on the Criminal Trial

One of the consequences of the coronavirus pandemic (SARS-CoV–2) in the context of the impact on the Polish criminal trial was the introduction to the Code of Criminal Procedure of a new preventive measure related to the protection of medical personnel, specified in the new editorial unit – Art. 276a of the CCP. This measure was introduced by the Act of March 31, 2020, amending the Act on special solutions related to the prevention, counteraction, and combating of COVID-19, other infectious diseases and the crisis situations caused by them, and some other acts, and is a novelty in the Polish criminal procedure. The purpose of this article is to investigate a new preventive measure defined in Art. 276a of the Code of Criminal Procedure in terms of the legitimacy of its introduction to the Polish Code of Criminal Procedure. Three research problems will be analysed. The first concerns the extent to which the introduction of the new preventive measure under Art. 276a of the Code of Criminal Procedure was necessary in terms of the need to provide special protection to medical personnel in Poland. The second research problem concerns the extent to which the application of the new preventive measure under Art. 276a of the Code of Criminal Procedure corresponds to the assumptions of the Polish legislator and what is the ratio legis of the analysed regulation. The third research problem boils down to the extent to which the amendment to Art. 276a of the Code of Criminal Procedure corresponds to the rules of legislative technique.

Direito e mídia: influências no direito penal, o direito penal do inimigo e suas implicações no sentenciar

O presente artigo intenta analisar como os veículos de comunicação podem influenciar no processo penal por meio da formação de valores e juízos. Em seu caráter qualitativo e por seu cunho bibliográfico, constatará a conflitualidade existente entre direitos e garantias fundamentais. Nessa toada, se verifica para a indústria midiática a presença de proteção especial, e igualmente para o agente infrator o respeito como pessoa humana. Ocorre que, de maneira intervencionista e ao contrário do que se espera dos meios informativos, a mídia tem se aproveitado equivocadamente desses resguardos legais e do sentimento de curiosidade do público para persuadir e manipular opiniões. Logo, temos uma sociedade que termina por desconsiderar no mais das vezes os direitos e garantias inerentes à pessoa do criminoso. Assim, na intenção de remediar violência com violência, fica estatuído para esses indivíduos o rótulo de inimigo a ser arduamente combatido e penalizado pelo jus puniendi estatal. Este trabalho, num experimento ilustrativo buscará teoricamente, através do caso Richthofen, explorar tal influência. Utilizará para tanto o método fenomenológico pontyano de análise do objeto em sua essência, buscando demonstrar o incentivo necessário para que o indivíduo observador se posicione de maneira crítica diante dos fatos para apreciar criticamente e não mais sob o ponto de vista do senso comum. This article aims to analyze how the media can influence the criminal procedure through the formation of values and judgments. In its qualitative and bibliographical nature, it will verify the conflict between fundamental rights and guarantees. In this sense, it is verified for the media industry the presence of special protection, and equally for the offender the respect as a human being. It happens that, in an interventionist way and contrary to what is expected from the media, the media has mistakenly taken advantage of these legal safeguards and of the public's sense of curiosity to persuade and manipulate opinions. Thus, we have a society that ends up disregarding, more often than not, the rights and guarantees inherent to the criminal's person. Thus, in the intention of remedying violence with violence, these individuals are labeled as enemies to be arduously fought and punished by the jus puniendi of the state. This paper, in an illustrative experiment, will seek to explore theoretically, through the Richthofen case, such influence. It will use the Pontian phenomenological method of analyzing the object in its essence, seeking to demonstrate the necessary incentive for the individual observer to take a critical position in front of the facts in order to appreciate them critically and no longer from a common sense point of view.

Perlindungan Hukum Bagi Pemilik Kartu Elektronik dalam Transaksi E-Commerceputu

Electronic contracts are one of the new forms of contracts that get special protection in Law Number 11 of 2008 concerning Information and Electronic Transactions. In general, electronic contracts are very different from ordinary (conventional) forms of contract, therefore it will be very difficult to directly apply the conditions for the occurrence of conventional contracts to this electronic contract (online contract). The purposes of this study are to reveal the validity of electronic contracts in credit card agreements and legal protection for credit card owners in e-commerce transactions. This research was conducted using normative legal research by applying a statutory approach. The technique of collecting legal materials is carried out by taking inventory of laws and regulations and recording techniques. This study uses primary and secondary legal materials which are then processed using deductive logic with analysis of legal interpretation and legal arguments presented descriptively. The results of the study reveal that in Law Number 8 of 1999 there are regulations that protect the parties who carry out E-Commerce transactions. Electronic contracts are basically the same as written contacts and have legal force and legal consequences as long as they meet statutory requirements. The legal protection provided by Article 26 of Law Number 8 of 1999 provides protection for consumers by requiring business actors who trade services to fulfill the agreed or/or agreed guarantees and/or guarantees.

New Approaches for Micropropagation and Cryopreservation of Agave Peacockii, An Endangered Species

More than 50% of Agave species are endemic to Mexico. Among them, Agave peacockii is listed within the list of threatened species that require special protection. In this work, we aimed at developing new supplementary strategies to achieve micropropagation and perform cryopreservation of in vitro-grown shoot-tips of A. peacockii. For multiplication, the addition of two cytokinins, 6-benzylaminopurine (26.6 μM) and kinetin (27.84 μM) to MS semisolid medium significantly favoured the morphogenetic response and produced the highest shoot generation (87.00±17.18) after 60 d of culture. This interaction was more effective than using the same growth regulators separately. Propagated and rooted plantlets were successfully acclimated with 100% survival and a normal morphological development during greenhouse performance. For cryopreservation, an optimized protocol following droplet-vitrification approach allowed obtaining 98% and 96% regrowth before and after cryopreservation, respectively. Shoot-tips were excised of in vitro-propagated plants, subjected to preculture on MS semisolid medium with 0.3 M sucrose for 1d, loaded in solution with 0.4 M sucrose and 1.6 M glycerol for 20 min, exposed to vitrification solution PVS2 for 15 min, and then, immersed in liquid nitrogen in droplets of PVS2 placed on aluminium foil strips. The vegetative growth of cryo-derived plants and of the in vitro propagated plants was compared under greenhouse culture conditions. No significant differences were detected in most assessed characteristics after 120 d of acclimatization. The results presented here constitute new viable biotechnological approaches for the in vitro propagation and long-term conservation of endangered Agave germplasm.

Protection of Human Dignity as a Basis for Penalization of Hate Speech against People with Disabilities in Polish Criminal Law

<p>The aim of the study is a legal analysis of the provisions criminalizing hate speech in Polish criminal law, in terms of the protection of inherent human dignity in relation to people with disabilities. Rated whether the absence of special protection under criminal law in the area of hate speech provides the proper respect and protects the dignity of persons with disabilities in Poland, to the same extent and degree as other people. The doctrine of criminal law protection against hate speech was discussed. It was analysed why hate speech against people with disabilities was not penalized and it was shown that legal changes in this area should be preceded by a multifaceted legal analysis, taking into account international standards, and proposals for amendments were characterized by an insufficient justification of the inalienable value of dignity. A discussion was held on the basis of criminalizing hate speech against people with disabilities. It has been shown that extending protection against hate speech to people with disabilities is not questionable and should be based on ensuring that dignity is adequately protected by the rule of law in order to counterbalance limitations resulting from the feature of disability, which is essentially independent of them.</p>

DETERMINATION OF THE CONSERVATION STATUS OF THE “ESCAMOLERA” ANT (Liometopum apiculatum MAYR) IN MEXICO BY THE SPECIES RISK ASSESSEMENT METHODOLOGY – MER

The larvae and pupae of Liometopum apiculatum, an ant species known as “escamolera” (Lap), are valued for their flavour and nutritional value. Currently demand at restaurants trade, high price and other factors have threatened their populations. However, in Mexico there is no risk assessment for this species. Therefore, information was compiled to evaluate the conservation status of L apiculatum. The species Risk Assessment Methodology (MER) of Appendix I in the Mexican Standard NOM-059-SEMARNAT-2010 determines the risk category of a species based on scores of four criteria and places a species as “Extinct in the wild, subject to special protection, threatened or in danger of extinction”. In this study, the related scores were, for Criterion A (taxon distributional area), 3 points (restricted distribution); Criterion B (habitat status regarding its natural development), 1 point (apt, or not limiting); Criterion C (biological vulnerability), 1 point (low vulnerability); and criterion D (impact of human activity on the taxon) scored 3 points (medium impact). The sum of the scores of the four MER criteria indicated that Lap (the escamolera ant) should be placed in the category of Subject to special protection (SSP). This information shall be used to design management and conservation policies for edible insects in Mexico.

Classification of the effects of AI CP on REE

During the flight, charged particles of outer space act on space systems (orbital stations, spacecraft, interplanetary spacecraft, etc.), which, without the use of special protection measures, can lead to the failure of onboard systems. They are particularly dangerous for systems that use electronic components (semiconductor devices and integrated circuits, optoelectronic devices). These systems in the spacecraft, as a rule, include all control systems, telemetry systems, receiving and transmitting devices, thermal control systems, power supply systems, etc., which in general can be called radio-electronic equipment (REE).