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Tytuł:
Wykroczenia na tle seksualnym w listach św. Hieronima
The problem of sexual offences, as a result of the mystery of iniquity present in the world, in the light of st. Jerome’s letters
Autorzy:
Gburek, Andrzej
Powiązania:
https://bibliotekanauki.pl/articles/613648.pdf
Data publikacji:
2009
Wydawca:
Katolicki Uniwersytet Lubelski Jana Pawła II
Tematy:
Hieronim
wykroczenia
Jerome
offences
Opis:
The author of the article: „The problem of sexual offences, as a result of the mystery of iniquity present in the world, in the light of St. Jerome’s letters”, shows paradox of human existence, in which men, as a real being, continually escapes into the world of dreams and utopia; as a social being, adores in himself anarchistic behaviors; moral and religious values are precious for him, however by the whole of his existence opposes them; he speaks about the ideals of truth, justice and love, but in practice uses false in the wide sense of this word, without difference of time in which he lives and systems under which he exists.
Źródło:
Vox Patrum; 2009, 53-54; 563-578
0860-9411
2719-3586
Pojawia się w:
Vox Patrum
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Znamiona ilościowe w procesie kontrawencjonalizacji w kontekście zasady nullum crimen sine lege – wybrane zagadnienia
Quantitative traits in the process of contraventionalisation in the context of the principle of nullum crimen sine lege – selected issues
Autorzy:
Pawlik, Renata
Powiązania:
https://bibliotekanauki.pl/articles/476965.pdf
Data publikacji:
2014
Wydawca:
Krakowska Akademia im. Andrzeja Frycza Modrzewskiego
Tematy:
process of contraventionalisation
principle nullum crimen sine lege
misdemeanour
offences
“petty offences”
Opis:
As for now, the Polish law of misdemeanours has not worked out a uniform concept. Historically, its developments have assumed various conceptual structures – starting with an administration type of model through the current one that comes closer to that of a criminal liability. As early as in 1918, while developing a concept of the law of misdemeanours, it was disputed whether misdemeanours should be recognised as a separate category, including cases of violation of the order, or as those that were primarily related to the sphere of administrative actions or whether they should be established on the basis of that social harm they caused and to assume that a misdemeanour was a petty form of an offence. The current model that has been worked out in the course of transformation is characterised by a significant lack of cohesion, and this assessment is even more substantiated by implementation of a concept of the socalled hybrid offences. The concept itself consisting in the diversification of liability by creating the so-called hybrid offences is a relatively new solution under the Polish system which raises significant doubts, largely in terms of its theoretical aspects, and also the one that creates serious practical issues (e.g. in 87 of the Code of Misdemeanours and under 178a of the Polish Penal Code). Conducting research within the planned extent process of contraventionalisation and principle nullum crimen sine lege has been assumed to provide for working out the basis for adopting coherent and uniform solutions with regard to the liability for what is referred to “petty offences,” and then allow undertaking further research, for example, into specific Polish solutions concerning offences and misdemeanours against safety in traffic in terms of clear limits and nature of such a liability which would serve as a reference point in legislation works in the future.
Źródło:
Studia Prawnicze: rozprawy i materiały; 2014, 2(15); 111-146
1689-8052
2451-0807
Pojawia się w:
Studia Prawnicze: rozprawy i materiały
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Projekt stanowiska Sejmu w sprawie o sygn. akt K 12/16
Sejm draft position on the case concerning the Act on Combating Unfair Competition (Ref. No. K 12/16)
Autorzy:
Brzozowski, Wojciech
Powiązania:
https://bibliotekanauki.pl/articles/2216699.pdf
Data publikacji:
2016
Wydawca:
Kancelaria Sejmu. Biuro Analiz Sejmowych
Tematy:
Constitutional Tribunal
competition
advertisement
offences
Opis:
In this draft position the author states that one of the provisions of the Act on combating unfair competition, concerning criminal liability for acts of dishonest competition in the field of advertising, is inconsistent with the Constitution. First, it provides an open catalogue of punishable acts, which violates the standard of specificity of criminal law. Second, the required elements of an offence were not sufficiently defined and they leave a subject of law in doubt as to whether his or her actions might result in criminal liability. Declaring the contested provision to be inconsistent with the Constitution eliminates the necessity of examining its conformity with Article 7 of the European Convention of Human Rights. Since in the examined case the constitutional standard and the international standard are practically the same, the proceedings regarding the latter should be discontinued.
Źródło:
Zeszyty Prawnicze BAS; 2016, 4(52); 191-211
1896-9852
2082-064X
Pojawia się w:
Zeszyty Prawnicze BAS
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Odpowiedzialność Prezydenta za wykroczenia
The problem of jurisdiction under presidental offences
Autorzy:
Dąbrowski, Kamil
Powiązania:
https://bibliotekanauki.pl/articles/942284.pdf
Data publikacji:
2017-02-28
Wydawca:
Wydawnictwo Adam Marszałek
Tematy:
wykroczenia
Prezydent
immunitet
offences
President
immunity
Opis:
W artykule poruszono problematykę dotyczącą zakresu odpowiedzialności Prezydenta RP za wykroczenia i ewentualnej jurysdykcji nad nimi. Dostrzegając brak wyraźnej regulacji tych zagadnień, autor wskazuje, iż – w związku z zakazem domniemywania immunitetów – zakres odpowiedzialności Prezydenta RP za wykroczenia musi być tożsamy jak w przypadku innych obywateli. Z uwagi jednak na szerokie niebezpieczeństwa nierozerwalnie związane z realizacją tej formy odpowiedzialności, proponuje objęcie jurysdykcji nad nimi przez Trybunał Stanu. Dla przyjęcia takiego stanowiska autora skłaniają zarówno treści obowiązującego porządku prawnego, jak również liczne argumenty natury funkcjonalnej i językowej. W konsekwencji zarysowuje on tezę, iż „przestępstwo” w rozumieniu art. 145 ust. 1 Konstytucji stanowi w istocie nazwę dla szeroko rozumianej odpowiedzialności karnej.
The article discusses the scope of legal responsibility on the part of The President of the Republic of Poland. The lack of precise legal regulations concerning the matter in question leads to the following conclusion: taking into consideration the present prohibition of implicit immunity the President of the Republic of Poland ought to share the same realm of legal responsibility as do other Polish citizens. Yet, due to the apparent dangers inherent in the execution of the legal responsibility the author proposes for the jurisdiction in question to be under the supervision of the State Tribunal. The author’s argument is founded on the present legal order as well as in numerous functional and language oriented factors. As a consequence, the author claims “the offense” as defined in the 145th article of the Constitution is in reality a general notion for criminal responsibility.
Źródło:
Przegląd Prawa Konstytucyjnego; 2017, 1 (35); 109-121
2082-1212
Pojawia się w:
Przegląd Prawa Konstytucyjnego
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Uprawnienie starosty do wydania decyzji administracyjnej o zatrzymaniu prawa jazdy lub pozwolenia na kierowanie tramwajem w określonych przypadkach
The power of the starost to issue an administrative decision to withhold a driving licence or a permit to drive a tram in specific cases
Autorzy:
Trochimiuk, Łukasz
Powiązania:
https://bibliotekanauki.pl/articles/2194697.pdf
Data publikacji:
2022
Wydawca:
Kancelaria Sejmu. Biuro Analiz Sejmowych
Tematy:
driver
road traffic
Constitutional Tribunal
offences
starost
Opis:
The position of the Sejm regarding the motion of the First President of the Supreme Court stresses that the provisions of the Act on Vehicle Drivers and the Penal Code which are referred to the Constitutional Tribunal’s review are inconsistent with provisions of the Constitution. The challenged provisions concern the powers of the poviat (district) starost to issue an administrative decision to withhold a driving licence or a permit to drive a tram in specific cases. In its position, the Sejm shared the opinion of the proponent that the assessed norms deprive vehicle drivers accused of violating traffic regulations of the possibility to challenge the correctness of the actions of the control body. Such legal conditions violate the principle of loyalty of the state towards an individual, who, in such a case, is in practice dependent on the arbitrary judgement of the controlling body.
Źródło:
Zeszyty Prawnicze BAS; 2022, 3(75); 271-295
1896-9852
2082-064X
Pojawia się w:
Zeszyty Prawnicze BAS
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Przestępstwa stwierdzone w latach 1965–1969 oraz osoby podejrzane o ich dokonanie (na podstawie danych statystyki milicyjno-prokuratorskich)
Offences Discovered in 1965–1969 and the Persons Suspected of Them (data based on police statistics)
Autorzy:
Mościskier, Andrzej
Syzduł, Edward
Powiązania:
https://bibliotekanauki.pl/articles/699152.pdf
Data publikacji:
1972
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
statystyka policyjna
przestępstwa
podejrzany
police statistics
offences
persons suspected
Opis:
The publication compiles data from police records on offences discovered in 1.965 – 1969 and the persons suspected of them.  
Źródło:
Archiwum Kryminologii; 1972, V; 270-303
0066-6890
2719-4280
Pojawia się w:
Archiwum Kryminologii
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Selected Offences from the Special Section of the Penal Code — Crimes Against Property
Autorzy:
Rycaj-Pilipczuk, Anna
Powiązania:
https://bibliotekanauki.pl/articles/45257112.pdf
Data publikacji:
2023-01-10
Wydawca:
Akademia Policji w Szczytnie
Tematy:
offences
injured person
robbery
burglary
fraud
damage
unlawful appropriation
Opis:
This study aims to examine the problem of selected offences against property listed in the Penal Code. Criminal law is one of the branches of the legal system in force in Poland. It fulfils a special role because it protects not only the state and social and economic relations but mainly human rights and freedoms against offences that could undermine them. The article describes the conducted research, which was based on two main research methods, i.e. the diagnostic survey method and the statistical analysis method. The method of analysing the subject literature was adopted as a subsidiary one. The statistical method was based on the analysis of the 2019 crime statistics of the National Police Headquarters. In particular, the article discusses the offences that were deemed the most troublesome by the residents of the capital city of Warsaw: theft, burglary, fraud, damage to property and unlawful appropriation
Źródło:
Przegląd Policyjny; 2022, 147(3); 263-281
0867-5708
Pojawia się w:
Przegląd Policyjny
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Jak nie działać słowami, czyli o penalizowanych aktach mownych w ujęciu prawnym i językoznawczym
How not to Act with Words, or About Criminalised Speech Acts from a Legal and Linguistic Perspective
Autorzy:
Falana-Jafra, Anna Magdalena
Powiązania:
https://bibliotekanauki.pl/articles/2096264.pdf
Data publikacji:
2021
Wydawca:
Uniwersytet Marii Curie-Skłodowskiej. Instytut Socjologii
Tematy:
crimes
offences
speech acts
jurisprudence
criminal law
przestępstwa
wykroczenia
akty mowy
juryslingwistyka
prawo karne
Opis:
Celem artykułu jest poddanie analizie penalizowanych aktów mownych z perspektywy dwóch metodologii badawczych: prawnokarnej oraz pragmatycznej. Akty tego rodzaju nie zostały dotychczas poddane wnikliwym, zbiorczym badaniom, choć występują relatywnie często zarówno w zasadniczych ustawach polskiego prawa karnego – w Kodeksie karnym oraz w Kodeksie wykroczeń, jak i w ustawach szczegółowych. W artykule skupiono się na przykładach kodeksowych, a podjęte w nim rozważania wpisują się w zakres juryslingwistyki – nauki interdyscyplinarnej łączącej w sobie aspekty nauk prawnych oraz językoznawstwa. Penalizowane na gruncie prawa karnego akty mowne, a więc przestępstwa i wykroczenia, zostały przeanalizowane pod kątem trzech zasadniczych problemów badawczych: ich statusu prawnokarnego, warunków ich fortunności oraz intencji komunikacyjnych ich sprawców. Procedura wyjaśniająca została oparta na próbie uzgodnienia elementów prawnych oraz językoznawczych dla wyjaśnienia istoty penalizowanych aktów mownych oraz wskazania ich charakterystycznych cech. Szczególne znaczenie miało w tym zakresie zestawienie teorii lokucji, illokucji oraz perlokucji z odpowiednimi członami teorii przestępstwa. Autorka podjęła ponadto próbę określenia społecznej rangi penalizowanych aktów mownych jako jednego ze sposobów ludzkiego działania w świecie – działania, od którego ze względu na zagrażające, nierzadko bardzo dotkliwe konsekwencje prawnokarne warto się powstrzymać. 
The aim of the article is to analyse criminalised speech acts from the perspective of two research methodologies: criminal law and pragmatic. Acts of this kind have not yet been subjected to thorough, collective research, although they are relatively frequent both in the basic acts of Polish criminal law – the Penal Code and the Misdemeanour Code – and in specific acts. The article focuses on code examples and the considerations undertaken in it are part of jurisprudence – an interdisciplinary science combining aspects of legal sciences and linguistics. The speech acts penalised on the grounds of criminal law, i.e. offences, have been analysed from the point of view of three fundamental research problems: their criminal law status, the conditions of their fortuity and the communicative intentions of their perpetrators. The explanatory procedure was based on an attempt to reconcile legal and linguistic elements in order to explain the essence of criminalised speech acts and to indicate their characteristic features. The juxtaposition of the theories of locution, illicitation and perlocution with the corresponding elements of the theory of crime was of particular importance in this respect. The author has also attempted to determine the social rank of criminalised speech acts as one of the ways of human action in the world – an action which, due to the threatening, often very severe criminal law consequences, is worth refraining from. 
Źródło:
Konteksty Społeczne; 2021, 9, 1; 47-59
2300-6277
Pojawia się w:
Konteksty Społeczne
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Nieletni sprawcy przestępstw popełnionych pod wpływem alkoholu
Juvenile Perpetrators of Offences Committed Under the Influence of Alcohol
Autorzy:
Krawczyk, Jacek
Powiązania:
https://bibliotekanauki.pl/articles/698524.pdf
Data publikacji:
1992
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
nieletni sprawcy
przestępstwa
alkohol
alkoholizm
badania kryminologiczne
juvenile perpetrators
offences
alcohol
alcoholism
criminological research
Opis:
For many years now, excessive drinking has been among the main symptoms of social pathology in Poland. Also the fact is beyond any doubt that  drinking is strongly related to crime: it is ussually found in over a half of offences known to the police committed by adults. The problem of drinking also plays an important part in the process of juvenile demoralization and delinquency. This fact was noticed by the legislator who, in the Act of October 26, 1982 on proceedings in cases of juveniles, situated drinking among the symptoms of demoralization. Among the juveniles found quality of offences, the proportion of those who drink alcohol is quite large, the offenders’ actual age considered. In recent  years, that proportion has been over 11,0% of all juvenile delinquents. There are also among the juveniles found quality of offences those who committed acts  prohibited by law while under the influence of alcohol. In recent years, the proportion of, such juveniles has been over 5,0% and, shows an upward trend. There is among the excessively drinking juvenile delinquents a decided majority of boys, whose proportion has always been over 91,0% in the last 20 years. The paper reports on a national empirical study of two groups of boys born in 1959. The first group consisted of 100 respondents who committed as juveniles at least one offence while under the influence of alcohol. The other group which also consisted of 100 persons (the control group) were boys selected from among the juveniles delinquents who committed offences but did not drink any alcohol before that act. The source of data on the two groups of respondents were: court files; records of implementation of the educational or corrective measures applied by the court, files of criminal cases for offences committed by those persons as adults; questionnaires sent out to sobering-up stations; as well as standarized interviews with the respondents themselves. The study has shown a number of differences between juveniles who commit offences under the influence of alcohol and the remaining juvenile delinquents. The main such differences are as follows: Different types of delinquency in the broad sense: ‒ offences committed under the influence of alcohol were frequently not the first offences of the examined juveniles (44,0% of cases, as compared to 7,0% in the control group); ‒ such offences were usually committed at the age of 15‒16 (93,0%), that is rather late in the juvenile’s career, at the threshold of statutory age: ‒ the offences committed by the first group were decidedly more aggressive and dangerous for the life and health of their victims than those committed by the control group; ‒ nearly 50,0% of the offences committed under the influence of alcohol were commitied in the streets (control group ‒ 39,3%); ‒ the juveniles who committed offences under the influence of alcohol were acting alone nearly 30 times more often than the remaining juvenile deliquents. In the case of boys who committed offences under the influence of alcohol, their state of health, family situation, and ‒ consequently ‒ also scholastic achievements were inferior to those in the control group: ‒ as few as 67,0% of boys in the first group were brought up in complete families (control group ‒ 82,0%); what is more, in 52,3% of those families disturbed functioning was found which was due to: alcoholism, excessive drinking, serious chronic diseases, disablement, mental disorders, delinquency or prostitution of one or both parents; thus as few as about one-third of the families of juveniles who committed offences under the influence of alcohol were fully efficient educational milieu; ‒ 69,0% of the boys who committed offences under the influence of alcohol were educationally neglected by their parents (control group ‒ 53,0%); ‒ 44,0% of the boys who commiited offences under the influence of alcohol (as compared to 25,0% in the control group) had as children suffered from serious diseases that affected their psycho-physical development, organic lesions or diseases of the central nervous system, or slight or minor degrees of mental deficiency; ‒ 7,0% of the boys who committed offences under the influence of alcohol did not go to school despite the fact that education is compulsory at their age (control group – 2%), and 58,0% (70,7% of those who did go to school) were educationally retarded by one to four years (control group – 51,0% that is 52,6% of the school-goers); The degree of social maladjustment was much higher in the boys who committed offences under the influence of alcohol: ‒ nearly a half of juveniles in that group were recidivists (44,0%, as compared to as few as 7,0% in the control group); ‒ 65,0% of the boys who drank (that is, by about one-third more than  among all juvenile delinqents) were cigarette smokers, and had started smoking long before their first contacts with alcohol; ‒ although the number of juveniles who ran away from home was similar in both groups, those who committed offences under the influence of alcohol did that more often and frequently drank alcohol while vagrant; ‒ 85,0% of boys in the first group (by about 20,0% more than among all juvenile delinquents) used to run the streets unsupervised, 79,0% with demoralized friends: ‒ as few as 5,0% of juveniles who committed offences under the infleunce of alcohol showed no symptoms of social maladjustment, other than those offences (23,0% among all juvenile delinquents), and at least three such symptoms were found in 69,0% (45,0% among all juvenile delinquents). In sum, the group of boys who had committed offences under the influence of alcohol in childhood was in many respects „worse'', and frequently much „worse'' than the control group selected from among all juvenile delinquents. Such boys would prove worse still were they compared with a representative sample of all Poles born in 1959. The facts discussed above prove the truth of the statement that juveniles who commit offences under the influences of alcohol are a high risk group compared to properly socialized young persons. They should therefore be submitted to special care by the competent agencies, including in particular family courts; however, no evidence of such care could be found in the study.
Źródło:
Archiwum Kryminologii; 1992, XVIII; 183-211
0066-6890
2719-4280
Pojawia się w:
Archiwum Kryminologii
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
How Efficient Is Severe Punishment, Or: More Punishment, Less Crime?
Autorzy:
Kury, Helmut
Brandenstein, Martin
Powiązania:
https://bibliotekanauki.pl/articles/698860.pdf
Data publikacji:
2008
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
surowa kara
przestępstwa
zwalczanie przestępczości
zapobieganie przestępczości
severe punishment
offences
fighting against crime
crime prevention
Źródło:
Archiwum Kryminologii; 2008, XXIX-XXX; 133-142
0066-6890
2719-4280
Pojawia się w:
Archiwum Kryminologii
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Przestępczość i zachowania dewiacyjne współczesnej młodzieży polskiej (badania typu self-report)
Crime and Deviant Behaviour of Contemporary Polish Youth (Self-report Study)
Autorzy:
Kossowska, Anna
Powiązania:
https://bibliotekanauki.pl/articles/699106.pdf
Data publikacji:
2006
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
przestępczość nieletnich
zachowania dewiacyjne
młodzież
badania kryminologiczne
juvenile delinquency
deviant behaviour
polish youth
offences
violent
Opis:
The latest self-report delinquency study took place in school year 2002/2003 on a national random school sample of 13-16 years old young people. The size of the sample was 3857 persons. The questionnaire contained questions on problem behaviour and offending (property offences, violent offences against persons and objects, computer-related offences, drugs use and selling) as well as questions on school and family situation, friends, leisure time and attitudes.
Źródło:
Archiwum Kryminologii; 2006, XXVIII; 219-226
0066-6890
2719-4280
Pojawia się w:
Archiwum Kryminologii
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Kara konfiskaty mienia w prawie polskim i obowiązującym na ziemiach polskich oraz w praktyce jego stosowania
Forfeiture of Property in Polish Law, the Law in Force on Polish Territories, and the Practice of its Application
Autorzy:
Rzeplińska, Irena
Powiązania:
https://bibliotekanauki.pl/articles/699048.pdf
Data publikacji:
1994
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
kara konfiskaty mienia
prawo polskie
kary pieniężne
przestępstwa
forfeiture of property
Polish law
pecuniary penalties
offences
Opis:
Forfeiture of property is one of the oldest penalties in Polish law. Its origins can be traced in pre-state law, in the penalty of exclusion from tribe. Anybody could kill a person thus punished and destroy  his property, and would suffer no penalty for such acts. Later on, in early Middle Ages, the penalty of plunder was introduced: the offender’s possessions were looted, and his house burned. Destruction of the offender’s property as a penal sanction resulted from the conception of crime and punishment of that time. Crime was an offence against God, and punishment was seen as God’s revenge for crime – that offender’s house was destroyed as the place that had become unchaste, inhabited by an enemy of God. The penalties imposed in Poland in the 12th and 13th centuries were personal, material, and mixed penalties. There were two material penalties: forfeiture of the whole or part of property and pecuniary penalties. The utmost penalty was being outlawed which consisted of banishment of the convicted person from the country and forfeiture of his property by the ruler. Being outlawed was imposed for the most serious offences; with time, it became an exceptional penalty. In those days, forfeiture of property was a self-standing, as well as an additional penalty, imposed together with death, banishment, or imprisonment. As shown by the sources of law, forfeiture of property (as an additional penalty) could be imposed for “conspiracy against state” rape of a nun forgery of coins, cheating at games, and profiteering. Other  offences punishable in this way included murder, raid  with armed troops and theft of Church property, murder of a Jew committed by a Christian, and raid of a Jewish cemetery.  Data on the extent of the imposition of that penalty in the early feudal period are scarce; as follows from available sources, it was applied but seldom. The consequences of forfeiture were serious in those days. Deprived of property, the convicted person and his family inevitably lost their social and political status which  made forfeiture one of the most severe penalties. From  the viewpoint of the punishing authority (duke), forfeiture was clearly advantageous due to its universal feasibility; to the duke’s officials, it was profitable as they were entitled to plunder the convicted persons’s movables. In the laws of the 16th and 17th centuries, forfeiture was provided for: serious political crimes (crimen leaesae maiestatis – laese-majesty; perduelio – desertion to the enemy), offences against currency and against the armed forces.  As an additional penalty, it accompanied capital punishment and  being outlawed. The law also provided for situations where forfeiture could be imposed as a self-standing penalty. In 1573, the Warsaw Confederacy Act which guaranteed equality to confessors of different religions banned the inposition of forfeiture for conversion to another faith. Initially absolute – the whole of property being forfeited and taken over by the Treasury where it was at the king’s free disposal – forfeiture of  property  was limited already in the 14th century. To begin with, in consideration of the rights of the family  and third to forfeited property, the wife’s dowry was excluded from forfeiture. Later on, in the 16th century, the limitations concerned the king’s freedom of disposal of forfeited property. A nobleman’s property could no longer remain in the king’s hands but had to be granted to another nobleman. Forfeiture of property can also be found in the practice of Polish village courts; as follows from court registers, though, it was actually seldom imposed. European Enlightenment was the period of emergence of ideas which radically changed the conceptions of the essence and aims of punishment, types of penalties, and the policy of their imposition. In their writings, penologists of those days formulated the principle of the offender’s individual responsibility. This standpoint led to a declaration against forfeiture of property as a penalty which affected not  only the offender but also his family and therefore expressed  collective responsibility. The above ideas were known in Poland as well. They are reflected in the numerous drafts of penal law reform, prepared in 18th century Poland. The first such draft, so-called Collection of Jidicial Laws by Andrzej Zamojski, still provided for forfeiture. A later one (draft code of King Stanislaw August of the late 18th century) no longer contained this penalty. The athors argued that,  affecting not only the offender, that penalty was at variance with the principles of justice. The drafts were never to become the law. In 1794, after the second partition of Poland, an insurrection broke out commanded by Tadeusz Kościuszko. The rebel authorities repealed the former legal system and created a new system of provisions regulating the structure of state authorities, administration of justice, and law applied in courts. In the sphere of substantive penal law and the law of criminal proceedings, an insurgent code was introduced, with severe sanctions included in the catalog of penalties. Forfeiture of property was restored which had a double purpose: first, acutely to punish traitors, and second – to replenish the insurgent funds. When imposing forfeiture, property rights  of the convicted person’s spouse and his children’s right to inheritance were taken into account. Yet compared to the administration of justice of the French Revolution with its mass imposition of forfeiture, the Polish insurgent courts were humane and indeed lenient in their practice of sentencing. After the fall of the Kościuszko Insurrection, Poland became a subjugated country, divided between three partitioning powers: Prussia, Russia, and Austria. The Duchy of Warsaw, made of the territories regained from the invaders, survived but a short time. In the sphere of penal law and the present subject of forfeiture of property, that penalty was abolished by a separate parliamentary statute of 1809. After the fall of the Duchy of Warsaw, Poland lost sovereignty and the law of the partitioning powers entered into force on its territories. In the Prussian sector, a succession of laws were introduced: the Common Criminal Law of Prussian States of 1794, followed by the 1851 penal code and the penal code of the German Reich of 1871. Only the first of them still provided for forfeiture: it was abolished in the Prussian State by a law of March 11, 1850. Much earlier, forfeiture disappeared from the legislation of Austria. lt was already absent from the Cpllection of Laws on Penalties for West Galicia of June 17,1796, valid on the Polish territories under Austrian administration. Nor was forfeiture provided for by the two Austrian penal codes of 1803 and 1852. Forfeiture survived the longest in the penal legisation of Russia. In 1815, the Kingdom of Poland was formed of the Polish territories under Russian administration. In its Constitution, conferred by the Tsar of Russia, a provision was included that abolished forfeiture of property. It was also left in the subsequent Penal Code of the Kingdom of Poland, passed in 1818. Forfeiture only returned as a penal sanction applied to participants of the anti-Russian November insurrection of 1831. The Organic Statute of 1832, conferred to the Kingdom of Poland by the Tsar, reintroduced the penalty of forfeiture of property. Moreover, it was to be imposed for offences committed before Organic Statute had entered into force which was an infringement of the ban on retroactive force of law. Of those sentenced to forfeiture in the Kingdom of Poland, Lithuania, and Russia as participants of the November insurrection, few had estates and capital. A part of forfeited estates were donated, the rest were sold to persons of Russian origin. The proces of forfeiting the property of the 1830–1831 insurgents only ended in 1860 (the Tsar’s decree of February 2/March 2,1860). After November insurrection, the Russian authorities aimed at making the penal legislation of the Kingdom of Poland similar to that of the Russian Empire. The code of Main Corrective Penalties of 1847 aimed first of all at a legal unification. It preserved the penalty of “forfeiture of the whole or part of the convicted persons’ possessions and property” as an additional penalty imposed in cases clearly specified by law. It was imposed for offences against the state: attempts against the life, health, freedom or dignity of the Emperor and the supreme rights of the heir to the throne, the Emperor’s wife or other members of the Royal House, and rebellion against the supreme authority. Forfeiture was preserved in the amended code of 1866; in 1876, its application was extended to include offences against official enactments. The penalty could soon be applied – towards the participants of January insurrection of 1863 which broke out in the Russian Partition. The insurgents were tried by Russian military courts. After the January insurrection, 6,491 persons were convicted in the Kingdom of Poland; 6,186 of tchem were sentenced to forfeiture of property. Of that group, as few as 28 owned the whole or a part of real estate; 60 owned mortgage capital and real estate. The imposition of forfeiture on January insurgents stopped in 1867 in the Kingdom of Poland and as late as 1873 in Lithuania. The penalty was only removed from the Russian penal legislation with the introduction a new penal code in 1903. As can be seen, the Russian penal law – as opposed to the law of Prussia and Austria retained forfeiture of property the longest. It was designet to perform special political and deterrent functions as the penalty imposed on opponents of the system for crimes against state. It was severe enough to annihilate the offender’s material existence. It was also intended to deter others, any future dare-devils who might plan to resist authority. It was an   fitted element of the repressive criminal policy of the Russian Empire of those days. Forfeiture of the whole of property of the convicted person can be found once again in the Polish legislation, of independent Poland this time: in the Act of July 2, 1920 on controlling war usury where forfeiture was an optional additional penalty. At the same time, the act prohibited cumulation of repression affecting property (fine and forfeiture could not be imposed simultaneously). It originated from the special war conditions in Poland at the time. The ban on cumulation of repression affecting property is interesting from the viewpoint of criminal policy. The Polish penal code of 1932 did not provide for the penalty of forfeiture, and the Act on controlling war usury was quashed by that code’s introductory provisions. In the legislation of People’s Poland after World War II, forfeiture of property was re-established and had extensive application.
Źródło:
Archiwum Kryminologii; 1994, XX; 79-96
0066-6890
2719-4280
Pojawia się w:
Archiwum Kryminologii
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Losy życiowe młodych mężczyzn, którzy w nieletniości popełnili co najmniej jedno przestępstwo pod wpływem alkoholu
Life Histories of Young Males Guilty as Juveniles of at Least One Offence Committed While Intoxicated
Autorzy:
Krawczyk, Jacek
Powiązania:
https://bibliotekanauki.pl/articles/698526.pdf
Data publikacji:
1993
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
młodzi mężczyźni
nieletni przestępcy
losy życiowe
przestępstwa
alkohol
badania kryminologiczne
young males
juvenile delinquents
life histories
offences
alcohol
criminological research
Opis:
A study of two 100-person groups of juvenile delinquents born in 1959 was conducted in the years 1981‒1985 at the Department of Criminology, Institute of Legal Studies, Polish Academy of Sciences. The first (experimental) group consisted of boys randomly selected from the total of 225 juveniles born in 1959 who had committed at least on offence while intoxicated. The other (control) group were 100 randomly juveniles selected from the entire population of 8196 juvenile delinquents born in 1959. None of the juveniles selected for the experimental group happened to find themselves in the control group as well. As shown by the findings, the juveniles who had committed at least one offence while intoxicated were much more demoralized as a group than the whole of juvenile delinquents. It seemed interesting, therefore, to follow the further fates of both groups as adults. The follow-up period was 7 years; until that time, all of the examined persons reached the age of 25 when the average Polish man be- comes stabilized to some extent, having graduated from university, worked for several or a dozen years (upon completion of secondary or elementary education respectively), and frequently having also established a family.  Data on the life situation of the young men from both examined groups on their 25th birthday were obtained from the following four sources: ‒ the Central Register of Convicted Persons kept  by the Ministry of Justice, and the Register of Convicted and Detained Persons where criminal records of the entire sample were checked; ‒ files of criminal cases of all men with criminal records (47.0% of the experimental and 35.0% of the control group); the files concerned criminal proceedings before common courts for offences committed after coming of age; ‒ questionnaire survey of 63.0% of the experimental and 66.0% of the control group; ‒ inquiry submitted to the sobering-up stations concerning the entire sample. As shown by the findings, 24.0% of the experimental and 13.0% of the control group established their own families before the age of 25. The proportions are high, as regards the experimental group in particular: erly in the 1980s, the newly married constituted about 10% of the total male population aged 20‒24 in Poland. The mean educational level was higher in the control compared to the experimental group; this concerns first  and foremost  cases of education higher than the elmementary technical (of which there were two in the experimental compared to ten in the control group). Moreover, no cases of illiteracy could be found in the control group, compared to one such case in the experimental group. Of all the men of the experimental group concerning whom data could be obtained, 80.4% had a regular job, and 19.6% stayed out of job or worked casually. Of the control group, 80.0% had a regular job (33% combining job with school), 18.3% stayed out of job or worked casually, and one person had entered university. The number of convicted persons in the experimental group (47) was larger compared to the control group (35) by 12.0%, the difference being significant. Also relapse into crime was higher in the expenmental group (l5 vs. 11 cases). The first offence committed by those convicted as young adults was mainly one against property: 35 cases in the experimental group (66.0% of all those convicted) and 28 cases in the control group (80.0%). The second most frequent offence of members of the experimental group was an aggressive act: against life and health, freedom, personal dignity and inviolability (10 persons, i.e. 18.8% of all those convicted). The offences of this type included: bodily injury (Art. 156 of the penal code – 3 persons, i.e. 6.4%); participation in a brawl or beating (Art. 158 and 159 – 1 person, i.e. 2.1%); infringement of bodily inviolability (Art. 182 – 3 persons, i.e. 6.4%); assault against a public functionary (Art. 233 and 234 – 1 person, i.e. 2.1%); insult against  a public functionary (Art. 236 – 1 person, i.e. 2.1%). In the control group, 6 cases of such offences could be found (9.1% of all those convicted);  yet the only offence under Art. 148 1 of the penal code, that is homicide, had been committed by a member of that goup.The other discussed figures and proportions were respectively: Art. l58, 159 – 3 persons, i.e. 8.6%; Art. 182 – 1 person (2.9%); Art. 233, 234 – 1 person (2.9%); and Art. 236 – 1   person (29%). Beside offences, the two groups manifested also other synptoms of social maladjustment. The symptoms found most often in both groups were: “contacts with persons known to the police as delinquent” and stays at the sobering-up station. As regards the experimental group, the third frequent symptom were brawls in the place of residence followed by bad opinion with neighbors, hooliganism, and avoidance of work. In the control group, avoidance of work ranked third, followed by bad opinion with neighbors, hooliganism, and brawls at the place of residence. This ranking of frequency of the symptoms of social maladjustment points to a greater aggressiveness of the young men from the experimental group. On the 63 young men from the experimental group concerning whom data  could be obtained, 62 (98.0%) drank alcohol. In the control group 59 (89.0%) of the 66 concerning whom data could be obtained were drinkers. The group of drinkers included all those who had drunk several times a week already  as juveniles, and 70% of those who had drunk once a week. In the control group, drinkers included 91.7% of those who had drunk as juvoniles (11 of 12 cases). Of those who had drunk as juveniles in the control group, 66.7% (8 cases) were convicted as adults. As shown by the discussed data, young men from the experimental group – those who committed as juveniles at least one offence while intoxicated prove much inferior in terms of the social situation  to other men who also committed offences as juveniles but did not drink alcohol. Therefore, early alcohol consumption among juvenile delinquents is an important factor of a negative prognosis as to the further fates of such persons. A number of postulates have been formulated, addressed at the prosecuting agencies, criminal justice, and institutions designed to assist persons in extraordinary situation. With respect to the present sample, all such postulates acquire special importance and must be met without fail.
A study of two 100-person groups of juvenile delinquents born in 1959 was conducted in the years 1981‒1985 at the Department of Criminology, Institute of Legal Studies, Polish Academy of Sciences. The first (experimental) group consisted of boys randomly selected from the total of 225 juveniles born in 1959 who had committed at least on offence while intoxicated. The other (control) group were 100 randomly juveniles selected from the entire population of 8196 juvenile delinquents born in 1959. None of the juveniles selected for the experimental group happened to find themselves in the control group as well. As shown by the findings, the juveniles who had committed at least one offence while intoxicated were much more demoralized as a group than the whole of juvenile delinquents. It seemed interesting, therefore, to follow the further fates of both groups as adults. The follow-up period was 7 years; until that time, all of the examined persons reached the age of 25 when the average Polish man be- comes stabilized to some extent, having graduated from university, worked for several or a dozen years (upon completion of secondary or elementary education respectively), and frequently having also established a family.  Data on the life situation of the young men from both examined groups on their 25th birthday were obtained from the following four sources: ‒ the Central Register of Convicted Persons kept  by the Ministry of Justice, and the Register of Convicted and Detained Persons where criminal records of the entire sample were checked; ‒ files of criminal cases of all men with criminal records (47.0% of the experimental and 35.0% of the control group); the files concerned criminal proceedings before common courts for offences committed after coming of age; ‒ questionnaire survey of 63.0% of the experimental and 66.0% of the control group; ‒ inquiry submitted to the sobering-up stations concerning the entire sample. As shown by the findings, 24.0% of the experimental and 13.0% of the control group established their own families before the age of 25. The proportions are high, as regards the experimental group in particular: erly in the 1980s, the newly married constituted about 10% of the total male population aged 20‒24 in Poland. The mean educational level was higher in the control compared to the experimental group; this concerns first  and foremost  cases of education higher than the elmementary technical (of which there were two in the experimental compared to ten in the control group). Moreover, no cases of illiteracy could be found in the control group, compared to one such case in the experimental group. Of all the men of the experimental group concerning whom data could be obtained, 80.4% had a regular job, and 19.6% stayed out of job or worked casually. Of the control group, 80.0% had a regular job (33% combining job with school), 18.3% stayed out of job or worked casually, and one person had entered university. The number of convicted persons in the experimental group (47) was larger compared to the control group (35) by 12.0%, the difference being significant. Also relapse into crime was higher in the expenmental group (l5 vs. 11 cases). The first offence committed by those convicted as young adults was mainly one against property: 35 cases in the experimental group (66.0% of all those convicted) and 28 cases in the control group (80.0%). The second most frequent offence of members of the experimental group was an aggressive act: against life and health, freedom, personal dignity and inviolability (10 persons, i.e. 18.8% of all those convicted). The offences of this type included: bodily injury (Art. 156 of the penal code – 3 persons, i.e. 6.4%); participation in a brawl or beating (Art. 158 and 159 – 1 person, i.e. 2.1%); infringement of bodily inviolability (Art. 182 – 3 persons, i.e. 6.4%); assault against a public functionary (Art. 233 and 234 – 1 person, i.e. 2.1%); insult against  a public functionary (Art. 236 – 1 person, i.e. 2.1%). In the control group, 6 cases of such offences could be found (9.1% of all those convicted);  yet the only offence under Art. 148 1 of the penal code, that is homicide, had been committed by a member of that goup.The other discussed figures and proportions were respectively: Art. l58, 159 – 3 persons, i.e. 8.6%; Art. 182 – 1 person (2.9%); Art. 233, 234 – 1 person (2.9%); and Art. 236 – 1   person (29%). Beside offences, the two groups manifested also other synptoms of social maladjustment. The symptoms found most often in both groups were: “contacts with persons known to the police as delinquent” and stays at the sobering-up station. As regards the experimental group, the third frequent symptom were brawls in the place of residence followed by bad opinion with neighbors, hooliganism, and avoidance of work. In the control group, avoidance of work ranked third, followed by bad opinion with neighbors, hooliganism, and brawls at the place of residence. This ranking of frequency of the symptoms of social maladjustment points to a greater aggressiveness of the young men from the experimental group. On the 63 young men from the experimental group concerning whom data  could be obtained, 62 (98.0%) drank alcohol. In the control group 59 (89.0%) of the 66 concerning whom data could be obtained were drinkers. The group of drinkers included all those who had drunk several times a week already  as juveniles, and 70% of those who had drunk once a week. In the control group, drinkers included 91.7% of those who had drunk as juvoniles (11 of 12 cases). Of those who had drunk as juveniles in the control group, 66.7% (8 cases) were convicted as adults. As shown by the discussed data, young men from the experimental group – those who committed as juveniles at least one offence while intoxicated prove much inferior in terms of the social situation  to other men who also committed offences as juveniles but did not drink alcohol. Therefore, early alcohol consumption among juvenile delinquents is an important factor of a negative prognosis as to the further fates of such persons. A number of postulates have been formulated, addressed at the prosecuting agencies, criminal justice, and institutions designed to assist persons in extraordinary situation. With respect to the present sample, all such postulates acquire special importance and must be met without fail.   Niniejszy artykuł stanowi kontynuację opracowania: Nieletni sprawcy przestępstw popełnionych pod wpływem alkoholu, „Archiwum Kryminologii” 1991, t. XVIII.
Źródło:
Archiwum Kryminologii; 1993, XIX; 17-26
0066-6890
2719-4280
Pojawia się w:
Archiwum Kryminologii
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Criminal Law Protection of the Autonomy of Patients in Ukraine: Analysis of Possible Grounds for Criminal Liability. Part 2
Prawnokarna ochrona autonomii pacjenta na Ukrainie – analiza możliwych podstaw odpowiedzialności karnej. Część druga
Autorzy:
Likhova, Sofiya
Mozgawa, Marek
Powiązania:
https://bibliotekanauki.pl/articles/2095895.pdf
Data publikacji:
2021
Wydawca:
Uniwersytet Marii Curie-Skłodowskiej. Wydawnictwo Uniwersytetu Marii Curie-Skłodowskiej
Tematy:
patient’s autonomy
criminal liability
offences
medical personnel
criminal law protection
autonomia pacjenta
odpowiedzialność karna
przestępstwa
personel medyczny
ochrona prawnokarna
Opis:
The aim of the article is to analyze the phenomenon of “patient’s autonomy” as an object of criminal law protection. The article is divided into two parts. In this part, attention is focused on discussing possible grounds for criminal liability in case of violation of patient’s autonomy. It should be stressed that, of course, only some of the behaviors violating the legal good of patient’s autonomy is regulated by criminal law and may therefore result in criminal liability. The authors analyze offences whose commission by medical personnel may violate patient’s autonomy. In addition, they present statistics on the number of medical crimes for 2019.
Celem artykułu jest analiza zjawiska „autonomii pacjenta” jako przedmiotu ochrony prawnokarnej. Artykuł został podzielony na dwie części. W tej części uwagę skupiono na omówieniu możliwych podstaw odpowiedzialności karnej w przypadku naruszenia autonomii pacjenta. Należy podkreślić, że oczywiście tylko część zachowań naruszających dobro prawne, jakim jest autonomia pacjenta, jest regulowana przez prawo karne, a zatem może skutkować odpowiedzialnością karną. Autorzy dokonują analizy przestępstw, których popełnienie przez personel medyczny może naruszać autonomię pacjenta. Dodatkowo przedstawiają statystyki dotyczące liczby przestępstw medycznych obejmujące rok 2019.
Źródło:
Studia Iuridica Lublinensia; 2021, 30, 5; 391-41
1731-6375
Pojawia się w:
Studia Iuridica Lublinensia
Dostawca treści:
Biblioteka Nauki
Artykuł
Tytuł:
Skazani recydywiści w Polsce w okresie transformacji w świetle danych statystycznych
Recidivists Convicted in Poland in the Transition Period, in the Light of Statistical Data
Autorzy:
Szymanowski, Teodor
Powiązania:
https://bibliotekanauki.pl/articles/698795.pdf
Data publikacji:
2008
Wydawca:
Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:
recydywiści
recydywa przestępcza
recydywa penitencjarna
przestępstwa
statystyki więzienne
statystyki sądowe
recidivists
multiple relapse into crime
offences
court convictions statistics
prison statistics
Źródło:
Archiwum Kryminologii; 2008, XXIX-XXX; 739-761
0066-6890
2719-4280
Pojawia się w:
Archiwum Kryminologii
Dostawca treści:
Biblioteka Nauki
Artykuł
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