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Ściganie przestępczości White Collar Crime w Polsce i Japonii

Author(s): Jakub Łukasz Pacławski / Language(s): Polish Issue: 29/2016

At the beginning of the article author argues general issues concerning crime in Japan. In the next part he explains factors impact on progress the corruption and crimes such as White Collar Crimes. Author also describes organization of prosecution in Japan and Poland according to new Polish prosecution act passed on 28th January 2016. Furthermore two main legal rules are compared: opportunism and legalism. The summary points out cultural differences and their influence on a legal system.

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Odpowiedzialność polityczna i odpowiedzialność karna polityków oraz kategoria więźnia politycznego w percepcji Zgromadzenia Parlamentarnego Rady Europy

Author(s): Jerzy Jaskiernia / Language(s): Polish Issue: 2/2014

The author analyses the position of the Parliamentary Assembly of the Council of Europe (PACE) toward the questions of the responsibility of politicians. In resolution 1950 (2013) Keeping political and criminal responsibility separate PACE considers that “democracy and rule of law require that politicians will be effectively protected from criminal prosecutions based on their decisions. Political decisions should be subject to political responsibility, the ultimate judges being the voters”. The distinctions between political decision-making and criminal acts must be based on national constitutional and criminal law, which in turn should respect the principles, in line with the conclusions of the European Commission for Democracy through Law (Venice Commission). In resolution 19000 (2012) The definition of political prisoners PACE reaffirms its support for the criteria of “political prisoner” elaborated in 2001 by a group of independent experts of the CoE Secretary General, mandated to assess cases of alleged political prisoners in Armenia and Azerbaijan in the context of accession of the two States to Organization. Also PACE resolutions represent only so- called “soft law” (not legally binding), they have an important moral and political meaning, and may open the way for the further conventional regulation.

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Pov’con przed Trybunałem w Strasburgu

Author(s): Leszek Garlicki / Language(s): Polish Issue: 2/2014

In the ECtHR’s case- law free expression constitutes one of the most protected human rights, particularly when it addresses matters of public interest. A recent judgment (Eon v. France, March 14, 2013) dealt with a conviction for exposing of a poster: “Get lost, you sad prick”, during President Sarkozy’s visit to one of the constituencies. The ECtHR held that the conviction had been in violation of Article 10 of the Convention as – in its substance - it contained a political message and – in its form – it duplicated the formula used once by the President himself. The Eon court followed several earlier judgments and decisions in which the ECtHR challenged those criminal law provisions that provided for a particular punishment for insulting the head of state (Colombani and Others v. France, 2002; Pakdemirli v.Turkey, 2005; Artun and Guvener v.Turkey, 2007; Otegi Mondragon v. Spain, 2011). Also the Constitutional Court of Poland had recently (2011) an opportunity to examine a similar provision of the Polish Penal Code. It seems that it took less generous interpretation of the freedom of expression than the one adopted by the ECtHR.

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Przestępstwo zgwałcenia – ścigane z urzędu czy na wniosek?

Author(s): Gabriela Sidor / Language(s): Polish Issue: 2/2013

The problem of rape prosecution often has been the subject of analysis in the Polish literature. Changes in the download mode were on their side, both supporters and opponents. Although rape in Polish penal law is prosecuted at the request of the first codification throughout the duration of the next set, there were voices moving in the direction of the mode of enforcement for the prosecution office. Justification for these changes was different, depending on the period in which it occurred, political, economic reasons, etc. Again, these voices appeared in March 16, 2012 when the Civic Platform MPs directed an open letter to the Minister of Justice on the mode of prosecution of the crime of rape. Since that time, there was discussion about the merits of such changes. The response to the letter was a project of the Ministry of Justice in the enforcement mode changes announced on April 24, 2012, which was estimated in this study. The result of these events was return to the discussion on the issues of rape crime enforcement mode, starting from the analysis of the project, going through successive statements of doctrine and jurisprudence and ending with the international law, obligating Poland to introduce certain guarantees. Current question remains – the offense of rape – prosecuted at the request or ex officio?

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Etyczne dylematy prawa (kara śmierci, aborcja i eutanazja) w świetle badań polskiej opinii publicznej

Author(s): Małgorzata Stefaniuk / Language(s): Polish Issue: 1/2013

The present study comprises three selected ethical dilemmas of law but regarded as the most fundamental: death penalty, abortion, and euthanasia. What they have in common is a close relationship with the legal protection of the life of every human being as provided for in Art. 38, the Republic of Poland’s Constitution of 2 April 1997. The general character of the constitutional provisions caused these highly controversial issues to be left for ordinary legislation to address and for public debate, which was intensified in recent years. Public opinion polls concerning the issues in question show that in Poland supporters of the death penalty still outnumber its opponents. Opinions on the admissibility of abortion and euthanasia are divided almost in the literal sense of the word, the differences between the supporters and opponents of these kinds of behavior being negligible. It can, however, be observed that the number of abortion opponents is increasing, which may prove that the 1993 regulation successfully played an educational role, gradually strengthening the value of the protection of life, including that of conceived children. The practice of taking into consideration the influence of the public opinion on the content of legislation, arising from the principle of the democratic state ruled by law, requires that the legal awareness of Polish society be constantly improved.

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Od ryczałtu odszkodowania do miarkowania -kompensacyjny charakter kary umownej w prawie polskim na tle rozwiązań przyjętych w dziewiętnastowiecznym prawie cywilnym

Author(s): Anna Fermus-Bobowiec / Language(s): Polish Issue: 3/2016

The present paper addresses the institution of the contractual penalty and its normative reflection in the Polish 20th-century civil law, presented on its 19th-century background. Within the scope of presented institution, the considerations included civil law which was in force during the partitions of Poland (Napoleonic Code, ABGB, BGB, Code of Laws of the Russian Empire – volume 10) and then obligations code and current civil code. It has enabled to show that the juridical construction of the contractual penalty in the contemporary civil law is based on the 19th-century normative solutions.

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Orzecznictwo Sądu Okręgowego w Krakowie w sprawach o bluźnierstwo (1 września 1932 r. – 1 września 1939 r.)

Author(s): Maciej Mikuła / Language(s): Polish Issue: 3/2016

According to reviews of penal cases in the District Court in Kraków, there were 46 cases based on Art. 172, i.e. blasphemy, in the period from September 1, 1932 (when the new penal code entered into force) to the beginning of the Second World War. 72.5% of those accused were sentenced to 6 to 12 months in prison (1/3 of sentences were suspended). The National Archive in Kraków contains the acts of only 16 cases; the rest were destroyed. From these remaining acts we learn that most of the accused were farmers or workers who were poorly educated and owned no property, and that they committed the crime mostly during the course of a quarrel, not rarely under the influence of alcohol. Judges did not verify prerequisites of the blasphemy precisely; they did not analyse the intent of the accused sufficiently. This negligence was demonstrated by attorneys, but without any positive results for the accused. The strong social demur against blasphemy and lack of tolerance for such behaviour is visible in the extant acts.

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Środek karny z art. 41 § 1a k.k. Uwagi na marginesie wyroku SN z dnia 1 października 2014 roku, II KK 129/14

Author(s): Magdalena Budyn-Kulik / Language(s): Polish Issue: 1/2015

The article deals with the penalty measure of art. 41 § 1a of Polish Criminal Code. Remarks are based on the ground of the Highest Court verdict (1st October 2014, II KK 129/14). The measure from an art. 41 § 1a of Polish Criminal Code can be meted out only of a perpetrator violates sexual freedom of a victim. There are many doubts about this measure. The regulation had been added to the original text of Polish Criminal Code and it does not suit the whole system of penalty measures well. Controversial are its: duration (in general), optional or obligatory character, possibility to mete it out with conditional suspension of execution of imprisonment or penalty of imprisonment other than 1 month to 15 years, formal or material basis of the measure.

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O skutkowym lub bezskutkowym charakterze czynów zabronionych przez art. 182 k.k.

Author(s): Marek Kulik / Language(s): Polish Issue: 2/2014

The article is regarding character of acts forbidden in art. 182 of Penal Code. which is the crime of entering pollutants into earth, water or air in such an amount or for the figure, which can threaten life or health of many persons or cause great damage in plant or animal world. The majority of doctrine perceives this act as nonconsecutive, arguing that for committing the crime is not necessary becoming known of the effect in the form of danger for the good protected by the art. 182 (natural environment). It is obvious, that it is not necessary becoming known of danger. The article is devoted to establish whether causing some other effect is predicted with the provision of art. 182. Analysis of the provision is leading to the statement that it is possible to talk about the criminal effect of the act forbidden in art. 182 of Penal Code. The effect is being the pollutants in the water, the air or the earth. This effect should be assigned to the perpetrator in compliance with all principles of objective assigning

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Кажњавање малолетника у савременом кривичном праву

Author(s): Dragan Jovašević / Language(s): Serbian Issue: 3/2012

All material (corporeal), processing and executive provisions related to criminal law in Republic of Serbia about juveniles are, in the new Law about juvenile committers and criminal law protection of juveniles from 2006. January 1st (LAJCCA), conjoint in one place. That is how the juvenile criminal law has been created. It is characterized as follows:1) principally, inquest of the juvenile injurers guilt is excluded, 2) among criminal sanctions towards juvenile injurers the priority belongs to the educable provisions comparing to the punishment that presents the exception expressed in juvenile jail implementation. By the way of exception with the juvenile jail can be punished only the older juvenile if he committed a crime for which the proposed punishment is over five years, if he is sufficiently mentally mature that he can understand importance of that crime and he control his acts and if the consequences of the committed crime are that grand, and the extent of guilt that high when the application of educative provisions wouldn’t be justified, 3) in the criminal proceeding towards juveniles, prosecution and juridical apparatus have wide authority in terms of starting, processing and terminating the proceeding. Those authorities consist of discrete rights to withdraw prosecution no matter what is the committed crime, if it is considered that it would be useful in terms of education and reeducation of the juvenile delinquent. The principle of utility has the priority than the principle of objectiveness. The court mandates consist of not only a wide scale of optional means and provisions, but of possibility to replace already delivered verdict with some other more convenient provision, if it is required by the specific situation and 4) in juridical system of the Republic of Serbia there are special jurisdictional bodies for struggle against juvenile criminality: special departments for juvenile delinquency in internal affairs agencies, a prosecuting attorney for juveniles and special juvenile council i.e. the juvenile court that supervises the whole criminal proceeding against any juvenile delinquent. The new juvenile criminal law anticipates two basic types of the juvenile criminal sanctions. These are:1) the educational measures and 2) the juvenile prison. They are legally anticipated measures of the social reaction towards the juvenile committers of the crime activities that are sentenced the legally determined organs in aim to protect the society from the criminality trough the education, reeducation and proper development of the juvenile. In this paper the author has analysed application of juvenile prison against juvenile perpetors of crimes in new juvenile criminal law of Republic of Serbia and comparatice law with theoretical, practical and comparative law aspects.

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Zachowania samobójcze nieletnich – ocena zagrożenia, oddziaływanie terapeutyczne

Author(s): Waldemar Woźniak,Waldemar Piekarski / Language(s): Polish Issue: 1/2006

According to the data from the World Health Organisation (Pużyński S., 2000), over 1300 people in the world are killed every day as a result of attempted suicides. The number of suicidal attempts is probably about fifteen times higher. There are two dominating motives of suicidal behaviours – a death wish and a wish of affecting the surrounding community. Inventories for suicide risk assessment are of particular use in diagnostic and therapeutic work. With reference to Frankl’s therapeutic approach, one ought to underline an important role of shaping and developing interests in the suicide prophylactics and in psychocorrection as well. The interests are of both cognitive as well as, what is particularly important, of affective character.

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Zdolność do bycia w dialogu jako kompetencja komunikacyjna w kontekście dozoru kuratorskiego

Author(s): Łukasz Storch / Language(s): Polish Issue: 3/2017

The pedagogy correctional probation as part of the curatorial supervision depends on the choice of the type of interaction and forms, and success in their important role played by probation officers. The interactions between probation officer and the ward reveals a dialogical space that relationship. It has many forms, among which we can mention, among others, “meeting” and “dialogue”. This fits in with the philosophy and existential dialogue presented by Martin Buber, according to which a real conversation, thus fulfilling the relationship between human beings constitutes acceptance of otherness. “Humanity and humanity become real meetings. People need and can also confirm each other in their individual being”. The process of rehabilitation requires dialogical proceedings against ward. Dialog fact closer to the people by its openness and reciprocity. According to Stanislaw Sławiński, “dialogue is a conversation free from all adulteration, and so the caller must see each other in person, to be honest, and at the same time what they say must coincide with the real facts. Th ey need to talk to each other about something they believe is important, what makes really want to give something back and something from the other side to hear”. You can refer to the nature of the phenomena associated with the activities of probation, in which special significance is dialogic aspect.

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Elviselni az elviselhetetlent - A Martinovics-összeesküvés elítéltjeinek börtönvilága

Author(s): Márton Szilágyi / Language(s): Hungarian Issue: 01/2015

The suppression of the so-called Martinovics Conspiration began in 1794. Our knowledge about the strategies that those persons who were then arrested and investigated and finally convicted elaborated and applied in order to survive life in the prison is limited and undetailed. We do dispose, however, of an exceptional source, namely the memoirs of Ferenc Kazinczy, entitled the Diary of my Captivity, which can be complemented by a great number of other letters and notices from his written legacy. On the basis of this material, it is possible to outline several possibilities and circumstances which enlighten the reactions elicited by the imprisonments which extended for several years, and were to be spent in individual cells. It is these personal strategies that the present study aims to examine systematically. The example of Kazinczy himself is a perfect illustration of how the emergence of prisonpsychosis, which in fact overcame some of the prisoners, could effectively be prevented by some forms of intellectual practices such as the secret, knocking-based method of interprison communication, and the likewise illegal forms of reading, writing and drawing. An especially great importance was attached to the Latin language; frequently it was the very medium which made communication possible, for contemporary prisons were organised on an all-imperial basis, which meant that people of various linguistic backgrounds could become cell-neighbors. Consequently, those lacking sufficient knowledge of Latin were liable to exclusion from prison communication. The prison memoirs of Kazinczy are not only exceptional in making such a nuanced approach possible, but also because they constitute the only such extensive text written at the turn of the 18th and 19th centuries in any language of the multiethnic Habsburg Monarchy.

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Marxovo naslijeđe u recentnoj kriminološkoj teoriji: od konfliktne ka radikalnoj kriminologiji

Author(s): Adnana Šabani / Language(s): Bosnian Issue: 2/2018

The paper deals with the importance and relevance of Marx’s thoughts in recent criminology through the connection of conflict and marxist (radical) criminology. Marx’s understanding of capitalism was emphasized as a system of contradictions of capital and labor, reducing all of society’s strengths on capital goods, protecting private property and gaining value in the form of profits. The cause of criminality is considered capitalism as the dominant socio-economic formation of the modern age. It follows that the society is conflicting in that sense and the theory of conflict with the theory of radical criminology is presented. The basic focus of the interest of radical criminology and the modern era is outlined in the sense of the contradictions of modern capitalism and its social products such as misery, risk, criminality, and the praxis of power in treatment of crime.

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O odpowiedzialności karnej, uzasadnieniu kary i koncepcji komunikacyjnej karania

Author(s): Michał Peno / Language(s): Polish Issue: 2/2014

The article concerns the concept of punishment as an act of communication. Some retributivsts (i.e. ‘positive’ retributivists) believe that punishment communicates a censure. The article’s central proposition is that the act of communication is, in fact, strongly connected with the criminal responsibility. Furthermore, responsibility should not be identified with punishment. The so called positive retributivists claim that in order to fulfill communication purposes, offender have to be punished. However, punishment seems to be conceptually independent of the process of moral communication. It is shown that communication is linked with the very idea of criminal responsibility and the censure should by communicated through responsibility. Therefore, the article offers the view of responsibility as a complex process. Responsibility is an important social practice which in many cases can substitute punishment, particularly in its communicative aspect.

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Rehabilitacija političkih osuđenika i kažnjenika u Srbiji (15)

Author(s): Jovica Trkulja / Language(s): Serbian Issue: 3-4/2014

Institut rehabilitacije lica koja su krivično ili u širem smislu kazneno osuđena iz političkih ili ideoloških razloga uveden je u naš pravni sistem Zakonom o rehabilitaciji iz 2006. godine. Nesumnjivo je jasan politički značaj uvođenja rehabilitacije lica osuđenih iz političkih ili ideoloških razloga u naš pravni sistem. Raniji društveni poredak koji je u svom nastanku bio oslonjen na sistematsko kršenje prava pojedinaca koji su smatrani neprijateljima novog društvenog poretka poznat je po zloupotrebama prava u političke svrhe. Savremeno društveno uređenje zasnovano je na demokratiji, vladavini prava, ali i tržišnoj privredi i uopšte građanskom društvu kao okviru u kome se ostvaruju prava i slobode pojedinaca. Kako bi se to omogućilo, potrebno je otkloniti iz pravnog sistema koliko je to god moguće sve one delove koji su suprotni opšteprihvaćenim načelima pravne države i omogućiti ranijim klasnim neprijateljima, odnosno njihovim naslednicima uživanje prava kojih su lišeni, od otklanjanja žiga osuđenih lica pa sve do prava na rehabilitaciono obeštećenje odnosno povraćaj konfiskovane imovine. [...]

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Rehabilitacija Milana Petrujkića

Author(s): Jovica Trkulja / Language(s): Serbian Issue: 3-4/2014

Početkom 1976. godine je uhapšen pod optužbom da je u periodu od 1970. godine do juna meseca 1975. u Boru, Zlotu i na Rtnju organizovano radio na iznalaženju, zbližavanju, proučavanju i angažovanju pojedinih lica radi stvaranja grupe za prijem u „Marksističko-lenjinističko komunističku partiju Jugoslavije i njihovom radu na izvršavanju zadataka ove partije. Presudom Okružnog suda u Zaječaru K. 7/76 od 9. marta 1976. osuđen je na kaznu strogog zatvora u trajanju od 13 godina zbog krivičnog dela udruživanja protiv naroda i države iz čl. 117 st. 1 u vezi sa krivičnim delom kontrarevolucionarni napad na državno i društveno uređenje iz čl. 100 Krivičnog zakonika. [...]

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Рехабилитација политичких осуђеника и кажњеника у Србији (16)

Author(s): Jovica Trkulja / Language(s): Serbian Issue: 1-2/2015

Као штоје познато, Закон о рехабилитацији из 2006. logune определио се за правну рехабилитацију у ужем смислу (жршва полишичке репресије има право само на то да се пресуда Upomacu ништавом). On није био праћен доношењем нужних пратећих закона и није омоућио право ш обешшећење жртава политичке репресије. У настојању да се превладају слабосШи поменутог закона и да се омоЈући обешећење рехабилитованих лица, Народна скупштинаје ујесен 2011. logune донела нови Закон о рестишуцији и нови Закон о рехабилитацији. На тај начин створени су услови да се надокнади неправда која се догодила у току Друш светског рата и после њеш политичким осуђеницима и власницима имовине који су осуђени и остали без имовине без eamanol правног основа, а на основу „револуционарних закона". [...]

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Rehabilitacija političkih osuđenika u Srbiji

Author(s): Jovica Trkulja / Language(s): Serbian Issue: 3-4/2016

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Rehabilitacija Radivoja Berbakova

Author(s): Jovica Trkulja / Language(s): Serbian Issue: 3-4/2016

Radivoj Berbakov je rođen 11. februara u Kikindi od oca Milutina i majke Milice, rođene Nedin. Od 1932. do 1940. pohađao je osnovnu školu u Kikindi. U 15. godini dobio je posao pomoćnog radnika u kikindskoj štampariji. Godine 1942. odlazi u Beograd i polaže prijemni ispit u školi za primenjenu umetnost. Nastavlja školovanje u ratnim uslovima. Doživeo je i preživeo sva bombardovanja Beograda 1941–1945. Stupio je u VIII crnogorsku brigadu 15. oktobra 1944. i učestvovao u borbama za oslobođenje Beograda i na Sremskom frontu. U borbama kod Erdevika je ranjen 3. decembra i upućen u armijsku bolnicu u Sremsku Mitrovicu, gde ostaje do izlečenja. Nakon izlečenja vraća se u jedinicu 9. maja 1945. [...]

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