Temat: Orzecznictwo karne - Katalog OPAC zbiorów

Skocz do pozycji: 1.

Tytuł:: Orzecznictwo sądów powszechnych na gruncie małego kodeksu karnego w latach 1946-1950 w świetle dotychczasowych badań
The court decision as issued on basis of so called Small Penal Code in 1946–1950 as viewed through prism of recent research
Autorzy:: Siemaszko, Karol
Powiązania:: https://bibliotekanauki.pl/articles/923454.pdf
Data publikacji:: 2012
Wydawca:: Uniwersytet Jagielloński. Wydawnictwo Uniwersytetu Jagiellońskiego
Tematy:: penal law
Polish People’s Republic
persecutions
jurisdiction
communism
prawo karne
Rzeczpospolita Ludowa
prześladowania
orzecznictwo sądów
komunizm
Opis:: The small Penal Code may be classified among the most repressive acts of Communist penal law. On its basis there were brought to penal responsibility not only the soldiers of independent underground or the activists of opposition groupings but also to individuals not engaged in political struggle. The author discusses the court decisions of the time as made on basis of the discussed Code. While exploring the problem, he relies on the hitherto made research. He draws not only on the literature which was published after the 1989 transformation but invokes also the research that came to being at the time of the binding force of the decree of 13 June 1946 on the offences particularly dangerous in the era of reconstruction of the State.
Źródło:: Krakowskie Studia z Historii Państwa i Prawa; 2012, 5, 4; 343-353
2084-4115
2084-4131
Pojawia się w:: Krakowskie Studia z Historii Państwa i Prawa
Dostawca treści:: Biblioteka Nauki

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Tytuł:: Konstytucyjne granice stosowania przymusu bezpośredniego względem oskarżonego. Uwagi na tle orzecznictwa TK i ETPCz
Autorzy:: Anna, Sikora,
Powiązania:: https://bibliotekanauki.pl/articles/902594.pdf
Data publikacji:: 2017-09-12
Wydawca:: Uniwersytet Warszawski. Wydawnictwa Uniwersytetu Warszawskiego
Tematy:: criminal proceedings
accused
judicature
direct coercion
Polish Constitutional Tribunal
European Court of Human Rights
postępowanie karne
oksarżony
orzecznictwo
przymus bezpośredni
Trybunał Konstytucyjny
Europejski Trybunał Praw Człowieka
Opis:: The aim of the article is to present issues concerning the use of direct coercion against the accused. Indication of the basis and methods of the use of direct coercion in the criminal proceedings is extremely important, because of the values in which coercion measures interfere. Regulations which are going to be discussed during the dilatation consists legal rules defined by the Polish Constitutional Tribunal and the European Court of Human Rights.
Źródło:: Studia Iuridica; 2017, 69; 115-129
0137-4346
Pojawia się w:: Studia Iuridica
Dostawca treści:: Biblioteka Nauki

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Tytuł:: Orzecznictwo sądowo-psychiatryczne w świetle 4200 ekspertyz szpitalnych
Results of forensic-psychiatric examinations of 4200 offenders
Autorzy:: Uszkiewiczowa, Lidia
Powiązania:: https://bibliotekanauki.pl/articles/699188.pdf
Data publikacji:: 1960
Wydawca:: Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:: orzecznictwo sądowo-psychiatryczne
ekspertyzy szpitalne
sprawy karne
obserwacja kliniczna
szpital psychiatryczny
psychopatia
alkoholizm
niedorozwój umysłowy
schizofrenia
forensic-psychiatric examinations
mental hospitals reports
criminal cases
delinquency
offences
psychiatric hospital
psychopathy
mental deficiency
alcoholism
schizophrenia
Opis:: The present contribution discusses the results of 4200 forensic-psychiatric reports given, in the years 1953 to 1957, by twenty-one mental hospitals and the Department of Forensic Psychiatry of the Psychoneurological Institute, where copies of such reports, given by all the major mental hospitals in Poland, are collected. The present contribution does not take into consideration 300 reports in which no symptoms of a disease have been found with the subjects investigated, nor yet any mentally abnormal states, as well as 460 reports concerning reactive psychoses and 80 cases of simulation which arose only after the arrest of the investigated. (Cases of reactive psychoses and simulation will be dealt with separately, because of the altogether peculiar problems involved). Even though the leaving out of the account of the psychiatric examinations carried out in the Public Prosecutors’ Offices and the Courts of Law does not allow us to draw conclusions with regard to all those offenders suffering from mental disorders who have been submitted to examination, nevertheless, the large number of hospital reports available would seem to constitute valuable psychopathological and criminological material. 1. In investigating the cases sent by the Public Prosecutors’ Offices and the Courts to mental hospitals for psychiatric observation, we find, on the basis of available material, that the percentage of psychoses – setting aside reactive psychoses – is small, as it does not exceed 22 per cent. Three items: psychopathy, mental deficiency (most frequently a light feeble-mindedness or moronity) and alcoholism jointly account for a total of 50.8 per cent of the cases, and if, over and above that, we take into consideration post-traumatic mental disorders, epilepsy, post-encephalitic disorders and such like cases, it will appear that as many as over three-fourths of the reports given concern non-psychotic states. Psychopathy accounts for 27.4 per cent of the cases, alcoholism and mental deficiency for 15.8 per cent each, post-traumatic disorders for 5.9 per cent, epilepsy for 4.7 per cent, and post-encephalitic disorders for 1.5 per cent. In the material under investigation cases of psychopathy amount, in reality, to more than 27.4 per cent, since cases of reactive psychoses and simulation, in which psychopaths figure extremely often, have been left out of the account. Similarly, there are probably more post-encephalitic states, which, having failed to be properly diagnosed, figure in cases which come under other heads, because of the lack of reliable interviews and the negative result of the neurological examination (in particular, in the mental deficiency and psychopathy groups). Cases of alcoholism, too, are less numerously represented in the material under investigation than would seem to result from the diagnoses contained in the reports. There can subsist no doubt that, apart from cases where the diagnosis reads ,,chronic (or else habitual) alcoholism", we also meet with alcoholism with a great many of such of the investigated with whom other pathological states have been diagnosed, and where alcoholism merely constitutes an additional factor, as a complication of other mental disorders. Altogether, the percentage of alcohol addicts amounts to at least 28. Among psychoses, schizophrenia is the one most numerously represented (510 cases). Only 29 delinquents suffered from manic-depressive psychosis, 62 from general paralysis, 30 – from involutional psychosis, 28 - from senile dementia. There were 19 cases of delusional psychosis, and 14 cases of paranoia. The number of cases with cerebral arteriosclerosis was 49, and that of cases of cerebral syphilis - only 20. In 44 cases it was a matter of twilight states with non-epileptics; here belong 30 cases of pathological drunkenness, 7 cases of pathological affect, 3 cases of ,,short-circuiting" (the so-called „Kurzschlusshandlungen” in German), and 4 cases of twilight states with an obscure etiology. 87.1 per cent of the reports concern men, 12.9 per cent - women. For every 100 men investigated there were only 14.9 women, while in the 1955 judicial statistics there were as many as 30 convicted women to every 100 convicted men. Cases of psychopathy, mental deficiency and schizophrenia constitute 61.3 per cent of the total of reports concerning women, while with men the above three items only amounted to 63.8 per cent after cases of alcoholism were added to them. Women are relatively most numerously represented in involutional disorders and manic-depressive psychosis. 2. When we examine the data concerning delinquency, it is obvious that it is the perpetrators of manslaughter, sexual offences and arson that are particularly numerously represented in the judicial psychiatric material. The most common offences against property, which constitute 33 per cent of the total number of offences in the material under investigation, reach the highest percentages in those cases which are not psychoses. On the other hand, among the offences perpetrated by persons suffering from psychoses there are relatively more offences against life and health, and, in particular, of manslaughter. Manslaughter amounts to 14 per cent of the offences committed by the persons investigated suffering from involutional psychosis, to 12.2 per cent of those committed by sufferers from schizophrenia, to 11.1 per cent of those committed by sufferers from paranoia, to 10 per cent, with sufferers from senile dementia, while with psychopaths the figure is only 5.7 and with oligophrenics - 4.7. Altogether, there were 288 cases of manslaughter or murder in the material investigated, and of these 77.4 per cent were divided between cases of psychopathy (67 cases), schizophrenia (67 cases), alcoholism (51 cases), and mental deficiency (28 cases). Among the 179 cases of sexual offences the bulk were cases of misconduct with persons under 15 years of age (93 cases), there were 43 cases of rape, 21 cases of incest, 12 cases of exhibitionist acts. Nearly 70 per cent of the sexual offences have been committed by psychopaths (55), oligophrenics (41) and alcohol addicts (28). On the other hand, the relatively highest percentage of such offences is to be met with those suffering from senile dementia, cerebral arteriosclerosis, and with mental deficiency. As far as arson is concerned, which in the material under investigation amounted to 3.3 per cent of the total number of offences, percentages higher than average ones are to be met with in cases of involutional psychosis, senile dementia, schizophrenia and mental deficiency. Out of a total number of 146 cases of arson, 53.4 per cent were accounted for by schizophrenia (40) and mental deficiency (38). With psychopaths and alcoholics comprised by the material under investigation cases of arson are extremely rare. Examining the delinquency of 158 epileptics, we establish that both the percentage of manslaughter and the number of cases of arson are small. What is worth while noting beside that is the fact that only in 24 cases the offence was perpetrated in a twilight state. The data concerning the delinquency of 510 schizophrenics bear witness to the fact that it was only a mere 8 per cent of the investigated that committed the offence during the first year of their illness, while the majority of cases the latter has been going on for above three years. When we analyze the 67 cases of manslaughter we find that it was only in two cases that the manslaughter was committed in the initial stage of the disease and constituted, as it were, the first visible sign of the schizophrenic process. In delusional psychoses cases of manslaughter were frequent, differently from cases of paranoia. In the few (29) cases of manic-depressive psychosis only one offence was committed in the depressive phase, white all the others were committed in the maniac phase or else in the hypomanic state. Deserving our attention is the lack of any more serious offences against life and health in this group. In the 30 cases of involutional psychosis more than one half of the offences consisted of those against life and health. Among the offences committed by the 49 persons with symptoms of cerebral arteriosclerosis, one-third consisted of offences of a serious character, while with the 25 patients suffering from senile dementia as many as one-half of the offences belonged to the category of serious offences. The delinquency of the 62 sufferers from general paralysis is almost exclusively reduced to offences of small importance of similar character as were the offences committed by the 20 sufferers from cerebral syphilis. In the 44 cases of twilight states (pathological drunkenness, pathological affect, and others) still 50 per cent of the offences consist of offences against life and health; 18 people fell victim to manslaughter. 3. The Polish Criminal Code, in force since 1932, contains provisions concerning, both in cases with mentally abnormal states, a state of irresponsibility and of diminished responsibility. A state of irresponsibility occurs when, at the time of committing the offence, the accused did not understand the significance of the deed he was perpetrating, or else was unable to direct his conduct because of psychosis, mental deficiency or other psychical disorders. A diminished responsibility occurs when, because of one of the reasons mentioned above, the ability of the accused to grasp the significance of the offence committed by him, and to direct his conduct was considerably limited. With regard to such and offender the Court may apply an extraordinarily mitigated penalty, while with regard to an offender who has been declared irresponsible, of course, no penalty at all may be applied. The offenders declared irresponsible are, by virtue of the Court's decision, transferred to a general mental hospital, if their staying at large could be dangerous for the legal order. They cannot be released from the hospital by the Court earlier than after the lapse of one year. An offender with regard to whom a diminished responsibility has been decreed and who is dangerous to the legal order may also be placed in a mental hospital (he, too, can be released from there by the Court not earlier than after the lapse of one year at the least). If the Court has sentenced such an offender to serve a term of imprisonment, the question of whether or not the penalty decreed is to be served is decided by the Court after the offender's release from the mental hospital. In cases of psychosis, forensic psychiatrists always decree irresponsibility. In cases of mental deficiency their decree depends on the degree of such deficiency, while in the cases, most frequent in judicial practice, of mild subnormality (morons, debils) – also on the, category of the offence which has been committed. Psychopaths are, in principle, considered to be fully responsible. Altogether, out of a total of 3900 delinquents examined 24.7 per cent of the cases have been pronounced by experts to be irresponsible, 23.1 per cent of the cases – to have a diminished responsibility, while 50.7 per cent of the offenders have been declared to be fully responsible. 4. As far as experts' opinions are concerned with regard to the application of internment in mental hospitals of offenders pronounced to be dangerous for the legal order, as well as irresponsible, out of a total number of 946 offenders declared irresponsible, a mere 34 per cent have been pronounced to be dangerous. Moreover, in 31 per cent of the cases, experts have pronounced for the necessity of hospital treatment under ordinary circumstances. Finally, 35 per cent of the offenders pronounced to be irresponsible have been described as not standing in need of any hospital treatment. A diminished responsibility has been decreed by the experts in a total of 855 cases, but only 6.4 per cent of the latter number have been pronounced to be dangerous to the legal order and to stand in need of internment in a mental hospital. Apart from the above, only in 10 per cent of the cases, experts have pronounced in favor of the need for hospital treatment. In the remaining 83.5 per cent of the cases the experts have confined themselves to stating that the responsibility of the offenders in question was diminished which, in result, comes merely to a possibility of an extraordinary mitigation of the penalty being decreed by the law-court. It is evident from the analysis of the judicial sentences which we have just carried out that experts a[ too unfrequently declare in favor of the need of applying security measures. The result is an irrational punitive policy with regard to such offenders who ought to be approached first and foremost, from a psychiatric point of view. The Criminal Code provisions concerning security measures are obsolete and demand essential alterations, which can only be done by means of codification. Quite independently of the need for extending the network of ordinary mental hospitals, there also exists a necessity of creating a special type of establishments, of a psychiatric-cum-penitentiary character, for a certain category of offenders who exhibit abnormal mental peculiarities and tendencies to recidivism. Equally needed is the establishing of treatment homes for offenders who are alcohol addicts. As it ensues clearly from experiments made in various countries, the application of ordinary penalties to delinquents who require a special treatment from a psychiatric point of view is altogether inefficacious.
Źródło:: Archiwum Kryminologii; 1960, I; 297-359
0066-6890
2719-4280
Pojawia się w:: Archiwum Kryminologii
Dostawca treści:: Biblioteka Nauki

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Skocz do pozycji: 4.

Tytuł:: Przestępczość i polityka karna sądów w Węgierskiej Republice Ludowej
Crime and the penal policy of courts in the Hungarian peoples republic
Autorzy:: Kubiak, Jacek R.
Powiązania:: https://bibliotekanauki.pl/articles/699255.pdf
Data publikacji:: 1987
Wydawca:: Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:: polityka karna
republika ludowa
przestępczość
ustawodawstwo
prawo karne
Węgry
orzecznictwo
gwałt
sądownictwo
pozbawienie wolności
grzywna
ludobójstwo
people's republic
criminality
legislation
criminal law
Hungary
certification
rape
judiciary
deprivation of liberty
fine
genocide
criminal policy
criminal Policy
Opis:: There is in Hungary a many years tradition. of gathering and publishing criminal statistics and its theoretical analysis. This tradition dates back to the early 19th century. In the modern days, it was discontinued in the years 1944-1956 only. However, in 1957, the publication of the basic data of criminal statistics in Statistical Yearbooks published by the central statistical Office was started anew. As shown by an analysis of the trends of the number of convictions of adults in the years 1944-1984 based on official sources, there is a high substantial changes in these trends with changes in the provisions of the penal law and to some extent in the socio-political climate. The following can thus be noticed: A very big number of convictions in the late fourties and early fifties (with the culminating point in 1952), accompanied by rapid drops in the years when amnesty laws were passed or new provisions of the penal law were introduced. A great drop in the number of convictions in 1956 and, 1957 which was related directly first of all to the course of events before and after October 23, 1956, and to the fact that a part of the jurisdiction of common courts of law was taken over by special courts of law was taken over by special courts the activity of which is not reflected in the analysed statistical data. A relative stabilization of the number of convictions in the years of gradual socio-political consolidation ( 1958-1962). A gradual increase in the number of convictions after the entering into force of the Penal Code of 1961 and its amendment of 1971. Accompanied by intermittent drops in the amnesty years and in the years when provisions that modified the Penal Code entered into force. An increase in the number of convictions after the entering into force of the Penal Code of 1978. The rate of convictions per 100,000 of the population in 1984 was 2'5 times higher than in 1952, but not much lower than the 1961 rate. The rise in crime in the recent years is also evident in the available data from the police and public prosecutor's statistics. The number of reported offences went up by one-third in the period 1965-1985 and has a constant upward trend. Among the offences reported most numerous are offences against property (about 60 per cent of all reported offences), traffic offences (about 12-13 per cent), offences against public order (hooliganism and parasitism in particular), and offences against person (about 7-8 per cent). As compared with 1965, the number of burglaries was 3.5 times as big in the eighties, and the number of robberies - 7 . times. The number of traffic offences increased by over one-third as well. Also offences against person reveal a small upward trend, with the number of homicides being stable. However, the number of homicides in Hungary has for many years been considerably larger than the mean European figure (mean homicide rate per 100,000 of the population amounting to 3.8 in the years 1979--1983). The rise in crime concerned financial offences also (offences against the foreign currency exchange regulations, against customs regulations, tax offences) which are included in ,the group of offences against the national economy. The penal policy of the Hungarian courts has rather frequently been subject to spectacular transformations. In the early seventies, stabilization was achieved in this policy which manifested itself by a limited application of unconditional deprivation of liberty and by a broad use of fine and other measures not involving deprivation of liberty. However, the rise in crime in the eighties influenced a more frequent application of unconditional deprivation of liberty, which resulted in the growth of prison population. In 1979, the number of persons deprived of liberty amounted to 16,764 (157 per 100,000 of the population), while in 1984 the respective number was 21,884 (205 per 100.000 of the population). In Hungary, conditional suspension of the execution of the penalty of deprivation- of liberty is not as popular as in other European socialist countries. For every fifth convicted person, the execution of penalty is suspended. In 1973, the courts for the- first time passed a greater number of fines (48.8 per cent) than prison sentences (43.9 per cent). In the-following years, the share of fines in the structure of penalties even exceeded 50 per cent. However, after entering into force of the new Penal code, an unexpected drop in the number of fines took place things to the which was due among other fact that some of the petty offences were removed from the Penal Code , and that a new penal measure without deprivation of liberty, i.e. probation, was introduced. In 1983, the share of fines dropped to 40 per cent of all sentences. The Hungarian courts were most reluctant to apply the penalty of corrective and educational work as soon as the penalty was introduced in 1950. For a dozen-odd years the share of this penalty in all penalties imposed never exceeded 10 per cent. After the 1961 Penal Code was introduced the penalty of corrective and educational work showed an upward trend (up to 15,8 per cent in 1964), but later on started to fall up, to 4 per cent in 1983. In the years 1962 -1983. common courts sentenced 105 persons to death penalty, for qualified homicide in the vast majority of cases. Since 1968, this penalty has been applied exlusively towards the perpetrators of homicide. In 1984, the extent of reported crime in Hungary was similar to that found in Poland (1, 470 per 100,000 o0f the population); however, in Hungary the response to the rise in crime has been in general much more balanced and quiet.
Źródło:: Archiwum Kryminologii; 1987, XIV; 43-95
0066-6890
2719-4280
Pojawia się w:: Archiwum Kryminologii
Dostawca treści:: Biblioteka Nauki

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Skocz do pozycji: 5.

Tytuł:: Merytoryczne przesłanki orzekania kar i innych środków wobec wielokrotnych recydywistów
Penalties and other measures applied towards multiple recidivists
Autorzy:: Janiszewski, Bogusław
Powiązania:: https://bibliotekanauki.pl/articles/699228.pdf
Data publikacji:: 1986
Wydawca:: Polska Akademia Nauk. Instytut Nauk Prawnych PAN
Tematy:: recydywa
wielokrotny recydywista
kara
kodeks karny
środki karne
polityka karna
wymiar kary
kara pozbawienia wolności
orzecznictwo
badania empiryczne
statystyki sądowe
recidivism
multiple recidivists
punishment
penal code
penal measures
criminal policy
sentence
imprisonment
case law
empirical research
court statistics
Opis:: The aims of the present study have been: 1) to ascertain the actual conditions of the courts' decisions applying penalties and other measures towards multiple recidivists; 2) to determine the present penal policy towards this category of convicted persons; 3) to compare this policy with the assumptions included in the Penal Code in force. Punishment imposed upon multiple recidivists is regulated by the provisions of Art. 60, para. 2 and 3 Art. 61 of the Penal Code. Their formulation is as follows: on a perpetrator sentenced twice in the conditions specified in para. 1 (special basic recidivism), who has served altogether at leat one year of deprivation of liberty and in the period of 5 years after the serving of the last penalty commits again an intentional offence with the purpose of obtaining a material benefit or of a hooligan character, similar to at least one of the previously committed offencęs, the court shall impose a penalty within the limits of from three times the lowest sanction, but not less than 2 years, up to the highest statutory sanction increased by one half, and if the highest statutory sanction is not higher than 3 years: up to 5 years deprivation of liberty. The increase of the lowest statutory sanction provided in para. 1 or 2 shall not apply, when the offence is a serious offence; in this case the court shall consider the commission of the offence in the conditions specified in para 1 or 2 as a circumstance increasing the penalty. In particularly justified cases when even the lowest penalty imposed on the basis of Art. 60. paras 1 or 2 would be incommeasurably Severe by reason of the motives for the action of the perpetrator, his traits and personal conditions as well as his way of life before the commission and his behaviour after the perpetration of the offence, the court when imposing the penalty may refrain from applying the rules specified in Art. 60. paras 1 or 2; in these cases the court shall take into consideration the commission of the offence in the conditions specified in Art. 60, para 1or 2 as circumstances influencing increasing the penalty. With regard to a perpetrator sentenced in the conditions specified in Art. 60, para. 2 he court shall adjudge protective supervision; if adjudging this supervision is not sufficient to prevent recidivism, the court shall adjudge .the commitment of the sentenced person to a social readaptation centre. (Art. 62, para. 2). The present work has been based on the author's own research and to a minimum extent only on the analysis of the national statistical data. The point of departure for the study of the actual conditions of the courts decisions were the conditions specified in the Penal Code now in force. The conditions specified in Art. 61 of the Penal Code and related to the offender only have been assumed to form the ratio legis of special recidivism in the Polish penal legislation. If, however, when aplying this provision, the courts prefer the conditions related to the most recent act of the offender, this mignt be an indication of their different attitude towards the aim of punishment in the case of the discussed category of offenders. The existence of such divergences between the conditions of application of Art 61 of the Penal Code as included in the law on the one hand, and those applied by the courts on the other hand has been one of the hypotheses verified in the present study. The study has been based on the examination of court records. All the accessible records of criminal cases (230) have been included in it, in which Sentences were passed with regard to multiple recidivists (under Art 60. para. 2 and Art. 61 in connection with Art. 60, para. 2 of the Penal Code) in the District Court of the city of Poznań in the years 1975-1981. The question arised whether this could be treated as an equivalent to a random sample of the national population of convicted multiple recidivists. As shown by a comparison of distributions in question are highly convergent. A questionnaire to investigate the ourt records consisted of 41 questions concerning the convicted recidivist, his previous offences and criminal record, his last offence and the content of the last sentence. The impact of a number of variables on the application of Art. 61 of the Penal Code, on the length of the prison sentence and on the decision of commitment to a social readaptation centre has been analysed in succession. Conclusions from the study are as follows: 1. In the application of Art.61 of the Penal Code ,the predominating part is played by the conditions connected with the degree of socil danger of the act and with its legal label. The conditions connected with the person of the perpetrator seem to have a much smaller effect. The reason of this state of affairs may be seeked in the fact that the court is obligated by Art. 60, para.2 of the Penal Code to impose long-term penalties of deprivation or liberty regardless of the degree of social danger (seriousness) of the offence which may be trivial in particular cases. Therefore, it is not to be wondered at that in these cases the courts apply Art. 61 of the Penal Code so as to impose a lower or more lenient penalty in order to make it commeasurable with the offence. The following conditions have been found to exert the greatest influence on the length of sentences to deprivation of liberty under Art. 60, para. 2: firstly, the legal appraisal of the offence and the related content of the instructions for meting out punishment specified in Art. 60, para. 2 of the Penal Code, and secondly, the degree of social danger of the offence. The character of the offence and the appraisal of its social danger influence the sentence too, including the type of penalty, when Art. 61 of the Penal Code is applied by the court. This is probably a further result of following the same conditions already when deciding on the application of Art. 61 of the Penal Code. When adjudging the commitment of convicted persons to a social readaptation centre, the courst were guided by the conditions connected with intense symptoms of demoralization of these persons and with a previous application of various penal measures towards them; thus the conditions were formally the same as those to be found in the Penal Code. At the same time, conditions connected with the recently committed offence were left out of account here. One should be particularly careful when interpreting the findings in this case aS the decisions in question may be conditioned by the courts' various attitudes towards the practical functioning of the centers, and by different purposes of their adjudgement in definite cases. The length of the perod for which commitment to a social readaptation centre was adjudged has appeared to increase with the length of the sentence to deprivation of libety. Admittedly, outright conclusions as to the need for amendments of the provisions of the Penal Code in its part concerning recidivists do not follow immediately from the findings of the present study. These findings have. however, demonstrated the degree to which the instructions for meting out, punishment specified in Art. 60, para. 2 of the Penal Code sever the relation between the offence and punishment, as well as the fact that the corrective function of punishment imposed upon multiple recidivists - officially assumed by the legislator-has a fictious character in practice. In consequence, Art. 61 of the Penal Code is used in discord with its purpose; it is applied to adjust the adjudicated punishment to the seriousness of the offence committed.
Źródło:: Archiwum Kryminologii; 1986, XIII; 109-139
0066-6890
2719-4280
Pojawia się w:: Archiwum Kryminologii
Dostawca treści:: Biblioteka Nauki

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Tytuł:: Karnoprawna ochrona symboli państwowych w okresie II Rzeczypospolitej.
Criminal law protection of state symbols in the period of the Second Polish Republic
Autorzy:: Byndiu, Olga
Powiązania:: https://bibliotekanauki.pl/articles/14976308.pdf
Data publikacji:: 2022
Wydawca:: Uniwersytet im. Adama Mickiewicza w Poznaniu
Tematy:: protection of state symbols
legal doctrine concerning state symbols
criminal law
judicial decisions of the Supreme Court
destruction, removal, insult to state symbols
ochrona symboli państwowych
doktryna prawna dotycząca symboli państwowych
prawo karne
orzecznictwo Sądu Najwyższego
niszczenie, usuwanie, obraza symboli państwowych
Opis:: Polskie symbole państwowe są ważnym elementem państwowości, dlatego zawsze wymagały odpowiedniej ochrony prawnej. Ponad stuletnia historia funkcjonowania regulacji prawnej pozwala na analizę tej ogromnej spuścizny, a także zgłębienie przez czytelnika ogromnego dorobku prawa, który został zgromadzony w minionych okresach dziejowych. W tym celu podjęto analizę aktów prawnych, judykatury przede wszystkim Sądu Najwyższego oraz doktryny od 1918 do 1939 r. W pierwszej części czytelnik ma możliwość zapoznania się z regulacją prawną ochrony symboli państwowych od powstania nowego państwa polskiego i do rozpoczęcia II wojny światowej. W tej części omówiono kodeksy karne byłych państw zaborczych Niemiec i Rosji, obowiązujące w Rzeczypospolitej Polskiej przejściowo do czasu uchwalenia własnego kodeksu w 1932 r. Dalej analizie poddano ustawę z dnia 1 sierpnia 1919 r. o godle i barwach Rzeczypospolitej Polskiej oraz rozporządzenie Prezydenta Rzeczypospolitej z dnia 13 grudnia 1927 r. o godle i barwach państwowych oraz o insygniach, sztandarach i pieczęciach. Następnie dość szczegółowo ukazano proces kodyfikacji przyszłego pierwszego Kodeksu karnego RP, a także regulacji prawnej dotyczącej symboli państwowych przyjętej ostatecznie w 1932 r. Uzupełnieniem analizy jest przytoczenie ówczesnego orzecznictwa Sądu Najwyższego, które w wielu przypadkach zawiera wykładnię regulacji prawnej dotyczącej wspomnianego obszaru tematycznego. Obraz uzupełnia doktryna prawnicza, w tym opinie wybitnych ówczesnych prawników, praktyków i komentatorów, a także autorów kodeksu, takich jak J. Makarewicz, W. Makowski, A. Mogilnicki, E. Rappaport i in.
The Polish state symbols are an important element of statehood, which is why they have always required proper legal protection. More than one hundred years of history of the functioning of this legal regulation brings about an analysis of this huge legacy as well as the exploration of the vast legal output, which was accumulated in the past periods of history. For this purpose, an analysis of legal acts, judicial decisions of (primarily) the Supreme Court, and the doctrine from 1918 to 1939 was undertaken. The first part grants the opportunity to get acquainted with the legal regulation concerning the protection of state symbols from the establishment of the new Polish state until the beginning of the Second World War. This part delineates the criminal codes of the former partitioning states of Germany and Russia, which were in force in the Republic of Poland on a provisional basis until the adoption of the state’s own code in 1932. Subsequently, the Act of 1 August 1919 on the Coat of Arms and the Colours of the Republic of Poland and the Decree of the President of the Republic of Poland of 13 December 1927 on the Coat of Arms and the Colours of the State as well as on the Insignia, Banners, and Seals were analyzed. Then the codification process of the future first Criminal Code of Poland as well as the legal regulation concerning state symbols (finally adopted in 1932) are presented in considerable detail. The analysis is further complemented by quoting the contemporary judicial decisions of the Supreme Court, which in many cases contained an interpretation of the legal regulation concerning the aforementioned subject matter. The image is complemented by a legal doctrine, including opinions of eminent lawyers, practitioners, and commentators of the period as well as authors of the code such as J. Makarewicz, W. Makowski, A. Mogilnicki, E. Rappaport, et al.
Źródło:: Czasopismo Prawno-Historyczne; 2022, 74, 2; 155-178
0070-2471
Pojawia się w:: Czasopismo Prawno-Historyczne
Dostawca treści:: Biblioteka Nauki

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Tytuł:: Międzywojenne piśmiennictwo i orzecznictwo we współczesnych podręcznikach prawa karnego oraz komentarzach do kodeksu karnego
Literature and court judgements from between the two world wars in contemporary course books of criminal law and commentaries to the criminal code
Autorzy:: Rakowski, Maciej
Powiązania:: https://bibliotekanauki.pl/articles/533227.pdf
Data publikacji:: 2014
Wydawca:: Krakowska Akademia im. Andrzeja Frycza Modrzewskiego
Tematy:: criminal law
Second Republic of Poland
legal literature
judgements of the Supreme Court of the Second Republic of Poland
teaching criminal law in the Second Republic of Poland
prawo karne
II Rzeczypospolita
piśmiennictwo prawnicze
orzecznictwo SN II RP
nauka prawa karnego w II RP
Opis:: The author of the article seeks an answer to the question whether the works published in the recent years make reference to the achievements of the Polish criminal law science from the time between the two world wars. The study focuses on the most common publications, that is academic course books (designed for students) and commentaries on the code (addressed to practitioners). They contain fairly numerous references to the works of criminal lawyers active in the Second Republic of Poland (usually Juliusz Makarewicz, Wacław Makowski, Leon Peiper, Stefan Glaser, and Aleksander Mogilnicki). The course books in criminal law present basic questions and therefore the rulings of the courts (also contemporary) are hardly ever quoted in such publications. References to the judgements of the Supreme Court of the Second Republic of Poland, also from the pre-code period, are in turn present in the contemporary commentaries to the criminal code. The materials gathered allow the statement that various contemporary authors, also co-authors of collective works, make use of the achievements of the criminal lawyers of the Second Republic to a different degree. It is worth noting that if a recently published work contains references to pre-war literature on the subject and court judgements, it usually draws conclusions different from those of other authors. Such a status quo proves that bygone literature and judgements are still useful for the interpretation of the binding regulations of criminal law.
Autor artykułu poszukuje odpowiedzi na pytanie, czy w pracach wydawanych w ostatnich latach przywoływany jest dorobek polskiej nauki prawa karnego okresu międzywojennego. Przedmiotem badań są publikacje najbardziej powszechne, czyli podręczniki akademickie (przeznaczone dla studentów) oraz komentarze do kodeksu (kierowane do praktyków). Można w nich odnaleźć dość liczne odesłania do dzieł karnistów aktywnych w okresie II Rzeczypospolitej (najczęściej Juliusza Makarewicza, Wacława Makowskiego, Leona Peipera, Stefana Glasera oraz Aleksandra Mogilnickiego). W podręcznikach do nauki prawa karnego prezentowane są zagadnienia podstawowe i dlatego w zasadzie w publikacjach tego rodzaju nie jest przywoływane orzecznictwo sądów (również współczesne). Odesłania do wyroków Sądu Najwyższego II RP, także z okresu przedkodeksowego, występują za to we współczesnych komentarzach do kodeksu karnego. Zgromadzony materiał pozwala na stwierdzenie, że różni współcześni autorzy, także współtwórcy prac zbiorowych, niejednakowo chętnie korzystają z dorobku karnistów II Rzeczypospolitej. Warto też zauważyć, że jeśli w wydanej ostatnio pracy odnajdujemy odesłania do przedwojennej literatury przedmiotu i orzeczeń sądowych, to zazwyczaj wskazywane są tam tezy inne niż przywoływane przez pozostałych autorów. Taki stan rzeczy wskazuje, że dawne piśmiennictwo i orzecznictwo wciąż jest przydatne przy interpretacji obowiązujących przepisów prawa karnego.
Źródło:: Studia z Dziejów Państwa i Prawa Polskiego; 2014, 17; 287-302
1733-0335
Pojawia się w:: Studia z Dziejów Państwa i Prawa Polskiego
Dostawca treści:: Biblioteka Nauki

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