UPATRUJĄC NIEPEWNOŚĆ ŻYCIA MEGO NA TYM MIZERNYM ŚWIECIE.

Author(s): Kamil Frejlich / Language(s): Lithuanian Issue: 37/2016

Testaments of 20 persons – 6 women and 14 men – are found in the 17th century court registers from the jurisdiction of the Vilnius Castle supervisor. These historical sources complement our knowledge concerning this poorly researched community, particularly in relation to the matters of religion, material status, and social ties. Of all testators and testatrices, 12 persons belonged to the Roman Catholic Church, and five, to the Evangelical Church of the Augsburg confession. Of particular interest are the testaments of Anna and Hanus Meler, a Lutheran couple who left some money to Catholic hospitals as well. The relations among people of different confessions can also be seen in the selection of witnesses: the last will of Anna Meler was attested by the representatives of Lutheranism, Roman Catholicism, and Calvinism. The material status of testatrices and testators varied a lot. Among them, we can find people relatively well-off, including those who had servants, and poor ones, although not complete paupers. However, even those whose situation was not too difficult could not be considered rich. As such, it is obvious that the estate was not bestowed upon a large group of beneficiaries – the number of inheritors was one to five, and sometimes some additional bequests for church institutions were made. The most important thing was to provide financial security for the closest family. As a means of arranging additional security for their widows and orphans, the deceased appointed guardians who were supposed to look after the legal and economic well-being of these relatives. This function was entrusted upon dependable persons: relatives, neighbours, colleagues. The testaments of the subjects of the Vilnius Castle supervisor’s jurisdiction clearly show the complexity of the network of various relations formed by the inhabitants of this small but at the same time varied community in many respects (e.g. professionally, materially, and religiously).

SOME ASPECTS CONCERNING THE OFFENCE OF MANSLAUGHTER

Author(s): Alin-Gheorghe Gavrilescu,Viorica-Mihaela Frîntu / Language(s): Romanian Issue: 01 Supp/2020

THE ARTICLE PRESENTS THEORETICAL AND JUDICIAL PRACTICE ASPECTS CONCERNING THE OFFENCE OF MANSLAUGHTER AS GOVERNED BY THE PROVISIONS OF THE CURRENT ROMANIAN CRIMINAL CODE. AFTER A SHORT INTRODUCTORY PART ARE PRESENTED: LEGAL CONTENT, PRE-EXISTING CONDITIONS, CONSTITUENT CONTENT, FORMS, MODALITIES AND PENALTIES GOVERNED BY ROMANIAN CRIMINAL LAW.

SOME SPECIFICATIONS ON THE CLASSIFICATION OF OFFENSES

Author(s): Elena-Giorgiana Simionescu / Language(s): Romanian Issue: 01 Supp/2019

IN RELATION TO THE SERIOUSNESS OF THE CRIME, THE MODE OF COMMITTING, THE COMPLETE OR NOT EXECUTION OF THE MATERIAL ELEMENT, THE MOMENT OF THE CRIME, THE CONDUCT OF THE CRIMINAL ACTIVITY, THE FORM OF THE GUILT, THE SUBJECT OF THE CRIME, THE NUMBER OF SUBJECTS, THE MODE OF MOVEMENT AND FOR THE EXERCISE OF CRIMINAL ACTION, ETC., IN THE THEORY AND PRACTICE OF CRIMINAL LAW, SEVERAL CATEGORIES OF OFFENSES ARE DISTINGUISHED.

POSTPONEMENT OF THE APPLICATION OF A PENALTY

Author(s): Viorica-Mihaela Frîntu / Language(s): Romanian Issue: 01 Supp/2019

THE POSTPONEMENT OF THE APPLICATION OF A PENALTY IS A MEASURE OF INDIVIDUALIZATION OF THE PENALTY THAT THE COURT CAN ORDER, CONSISTING IN THE TEMPORARY DELAY OF THE APPLICATION OF A PENALTY OF IMPRISONMENT FOR A MAXIMUM OF 2 YEARS OR THE PENALTY OF THE FINE ESTABLISHED IN RESPECT OF THE GUILTY NATURAL PERSON WHO COMMITTED A CRIME, WHEN THE COURT CONSIDERS, TAKING INTO ACCOUNT THE PERSON OF THE OFFENDER AND THE CONDUCT OF THE OFFENDER BEFORE AND AFTER COMMITTING THE OFFENSE, AND THAT, IN RELATION TO THE PERSONAL SITUATION OF THE DEFENDANT, THE IMMEDIATE APPLICATION OF A PENALTY IS NOT NECESSARY, BUT SUPERVISION OF THEIR CONDUCT IS REQUIRED FOR A FIXED TERM OF SUPERVISION OF 2 YEARS.

Kierunki zmian w zakresie sądowego wymiaru kary (wybrane problemy w perspektywie najnowszych propozycji legislacyjnych)

Author(s): Agnieszka Kania / Language(s): Polish Issue: 43/2019

The aim of the article – which was inspired by the latest proposal for an amendment to the Polish Penal Code (parliamentary paper no. 3451) – is to point out possible changes in the scope of a judicial sentencing. The article provides a critical analysis of the proposed changes relating to the general directives of a judicial sentencing, as well as a skeptical assessment of the attempt to indicate their hierarchy. It also makes objections to the proposal of introducing a set of circumstances which would have an aggravating or mitigating effect on the process of developing the judicial sentencing into the provisions of the Polish Penal Code.

Broń palna alarmowa – problematyka prawna i kryminalistyczna

Author(s): Zbigniew Wardak / Language(s): Polish Issue: 46/2019

This paper is regarding issues of the alarm weapon as firearms as defined in provisions of the penal code. In it an interrelation of provisions of the Act was analysed about the weapon and the ammunition, as well as the attitude to them of provisions of the penal code. They made the critical analysis of the judicature and doctrine. The author states that as defined in the penal code also an alarm weapon can be firearms, provided is fulfilling the of content definition of firearms, and simultaneously must be able to shoot bullets or substance dead striking the purpose from a distance bigger than 1 meter.

O potrzebie uchwalenia nowej ustawy o Policji – uwagi na marginesie kilku projektów

Author(s): Piotr Majer / Language(s): Polish Issue: 50/2020

The legal basis for the Police’s functioning is invariably the Act of April 6, 1990. Thus, it is over 30 years passed. During such a period, this formation had to take actions, inter alia tending towards its adjustments to far-reaching changes resulting from political reforms, as well as Poland’s accession to the European Union. In consequence, this allowed joining not only the Europol but also to undertake some further activities, aimed at correcting the structure in response to the new threats and needs. Both these changes and also many others which were not so significant, but necessary had to have their legal basis by subsequent amendments. However, the legislator despite the initiatives proposed did not undertake the efforts to prepare a new law on the Police. The article deals with such changes and initiatives. In conclusion, the author maintains that undertaking the works on the new law on the Police are advisable.

Odpowiedzialność podmiotów zbiorowych w kontekście nadchodzących zmian legislacyjnych – kilka uwag

Author(s): Paulina Pawłuczuk-Bućko / Language(s): Polish Issue: 52/2021

The article briefly analyzes the principles of liability of collective entities under the Act of 28 October 2002 on the liability of collective entities for prohibited acts under a penalty in comparison with the solutions proposed in the draft prepared by the Government Legislative Center. The planned legislative changes introduce many fundamental changes as compared to the current law, which requires consideration of their legitimacy. The article aims to present the controversial solutions that may pose several practical difficulties at the stage of applying the act.

Palermo Treaty System. Towards the Universal Criminal Justice. 20 Years After

Author(s): Anis H. Bajrektarević,CARLOS LOPEZ-VERAZA PÉREZ / Language(s): English Issue: 17/2021

2020 marked the 20th anniversary of the Palermo Convention and its Protocols, the main instruments in the fight against transnational crime. Both authors, one as an active participant in the Palermo system treaty-making and the other as a prosecutor passionate about human rights, revisit, rethink and sum up the first 20-year period after the creation of these important international instruments on organized crime and corruption. The following lines are a brief assessment of the central institutions and instruments relevant to universal criminal justice. A due reference is made to corruption, trafficking in human beings, migrant smuggling, and terrorism. The present text appeared in 1999 for the first time (in a considerably shorter form, as the working paper dealing only with the critical similarities and differences between ‘smuggling of’ and ‘trafficking in’) before the ICMPD Steering Board – Ministerial.

The Nonaligned Movement 60 years Later: Restless asia seeking its pan-continental integration

Author(s): Maria Smotrytska / Language(s): English Issue: 17/2021

The very creation of sub-regional international organizations is a proof that currently Asian countries are more willing to consult and cooperate with each other on the integration and creating of the zone of co-prosperity issues. Nevertheless, in Asia, there is hardly a single state which has no territorial dispute within its neighbourhood. From the Middle East, Caspian and Central Asia, Indian sub-continent, mainland Indo – China or Archipelago SEA, Tibet, South China Sea and the Far East, many countries are suffering numerous green and blue border disputes. The foundation on which Asia – Pacific countries now support regional cooperation initiatives, such as the various Indo – Pacific concepts proposed by Japan, the United States and others, as well as China’s “Belt and Road Initiative”, is built on a policy of peaceful coexistence and prevention of the emergence of a single prevailing power. This paper closer examines these trends and all-Asia future prospect.

Punitiveness of electronic monitoring: Perception and experience of an alternative sanction

Author(s): Marina Richter,Barbara Ryser,Ueli Hostettler / Language(s): English Issue: 3/2021

Electronic monitoring (EM) serves as an alternative sanction to incarceration. An important aspect that remains only scarcely debated in the literature is EM’s punitiveness and, more specifically, exactly how punitive EM is in comparison to different forms of incarceration. Responding to this gap, we propose a systematic meta-analysis of relevant studies that scrutinizes and compares different studies on EM and its punitive effects (or perceptions of its degree of punitiveness) in relation to incarceration. Ultimately, there is no simple and straightforward answer: EM’s level of punitiveness differs with the various sociodemographic variables of respondents included in the studies and the various characteristics of the penal system. It is necessary to assess the degree of punitiveness of EM to determine the conditions under and terms with which it should be applied, for example, as a humane substitute for incarceration or as an additional pain of the penal system.

O POTRZEBIE ISTNIENIA SUROWOŚCI KARY JAKO SAMOISTNEJ PRZESŁANKI STOSOWANIA TYMCZASOWEGO ARESZTOWANIA. ROZWAŻANIA I WNIOSKI NA TLE WYKŁADNI ART. 258 § 2 K.P.K.

Author(s): Jan Kluza / Language(s): Polish Issue: 4/2020

Article 258 § 2 of the Code of Criminal Procedure stipulates that pre-trial detention may be applied if the accused person is charged with a felony or offense with an upper threat limit of at least 8 years. This provision raised a number of controversies as to whether it could constitute an independent basis for the use of pre-trial detention without the existence of other specific conditions for the use of this measure, which led to the Supreme Court adopting a resolution in which it stated that this provision could be an independent basis for the use of pre-trial detention. However, this did not eliminate doubts about this provision, which in turn led to review of its compliance with the Constitution. Contrary to numerous criticisms of this provision, The author’s position is that its functioning is justified; however, it is correct to indicate that it requires the intervention of the legislator, which would force the court adjudicating on the application for detention on remand to indicate in concreto the factors justifying the use of this measure.

An assessment of the contribution of the amnesty process of the South African TRC to accountability and truth-telling

Author(s): Matthew Holliday / Language(s): English Issue: 2/2009

Srbija: Suđenje za ratne zločine prema hrvatskim zarobljenicima – Ovčara

Author(s): Dragoljub Todorović / Language(s): Serbian Issue: 1/2007

Učinak primene amnestije na odgovornost i kazivanje istine Južnoafričke komisije za istinu i pomirenje

Author(s): Matthew Holliday / Language(s): Serbian Issue: 2/2009

Naruszenie ochrony danych osobowych. Problematyka prawna

Author(s): Sławomir Dudzik,Jacek Błachut / Language(s): Polish Issue: 3/2021

The subject of this article is the issue of personal data breach, primarily in the context of the provisions of the General Data Protection Regulation (2016/679). The aim of the publication is, in particular, to answer the following questions: do the regulations properly protect the rights of an individual in the event of a breach? do the sanctions and liability rules provided for by these regulations are adequate to the threats? do the sanctions and liability rules respect the requirements of the rule of law? The authors analyze the concept of a personal data breach in detail, including the magnitude of consequences necessary to determine occurrence of a security breach. The article also extensively analyzes the consequences of such breach for entities responsible for personal data processing (organizational effects, documentation and reporting obligations, liability for damages, administrative fines). Particular attention is paid to the decisions of the Polish President of the Personal Data Protection Office regarding violations and the jurisprudence of administrative courts in these types of cases. In conclusion, an assessment is made of the principles of personal data protection against breaches introduced in the General Data Protection Regulation. While approving the generally introduced legal solutions, doubts related to the excessively broad scope of discretion on the part of the authority as to the amount of fines in individual cases are indicated.

Glosa do wyroku Sądu Apelacyjnego w Katowicach z dnia 8 grudnia 2017 r., II AKa 477/17

Author(s): Marta Drozdowska / Language(s): Polish Issue: 9/2021

The gloss concerns the issue of seeking a more favourable law when the perpetrator committed an offense while the previous law was in force, in the event of a suspended sentence. In the judgment, the Court of Appeal in Katowice expressed the view that the legal status applicable on the date of the act was more relative for the defendant – before the amendment to the Penal Code, which entered into force on 1 July 2015 due to the wording of Art. 72 § 1 of the CC, which did not oblige the court to adjudicate one of the provisions of Art. 72 § 1 of the CC probation obligation, in a situation where no criminal measure is imposed against them. This discussion focusses primarily on the thesis and judgment of the Court of Appeal in Katowice.

Public opinion and awareness regarding probation in the Czech Republic

Author(s): Jan Tomášek,Lucie Háková,Eva Krulichová / Language(s): English Issue: 2/2022

Previous research on non-custodial sentences has pointed to the association between awareness of alternatives to prison and public opinion on these alternative measures. Using data from a public opinion survey conducted in the Czech Republic in 2018, the main objective of this study is to examine the extent to which public opinion on probation is influenced by awareness of probation service and support for probation in general. The data suggest that those generally in favour of probation, unlike those opposed, agree with this measure being imposed on a wider range of offenders, are more lenient towards offenders who violate the conditions of their probation, and perceive probation as being beneficial to the criminal justice system and society as a whole. On the other hand, the public’s awareness of the probation service per se seems not to be as important as whether or not the basic principles of probation are embraced.

Odsetki naliczane w przypadku nieterminowej zapłaty niepodatkowych należności budżetowych

Author(s): Anna Miernik / Language(s): Polish Issue: 3/2022

Non-tax budget receivables belong to the category of public funds of heterogeneous legal character that is regulated by many acts. The lack of uniform legal regulations constitutes a consequence of the said heterogeneity of non-tax budget receivables. When the financial law is used in practice doubts arise as to whether interest on non-tax budget receivable late payments should be calculated under the Tax Ordinance or under the Civil Code.

Postępowanie w przedmiocie wytknięcia właściwemu sądowi oczywistej obrazy przepisów. Glosa do postanowienia Sądu Najwyższego z dnia 28 sierpnia 2019 r. (II KO 56/19, OSNKW 2019, nr 10, poz 58)

Author(s): Jacek Kosonoga / Language(s): Polish Issue: 5/2021

In the commented judgement, the Supreme Court stated that an appeal against a decision reproaching a competent court for flagrant violation of the law while hearing a criminal case (Article 40 § 2a and 2b of the Law on the common court system) is heard by the Supreme Court in the Criminal Chamber in accordance with the provisions of the Code of Criminal Procedure on appeals. Commencement of the procedure laid down in Article 40 § 1 of the Law on the Common Court System is subject to the time limit set on the date of rendering a decision on an appeal, and its termination should take place immediately after the receipt of explanations or the expiry of the deadline for submitting them, in either case by issuing a decision on reproaching for a violation. The appellate court should issue its decision both when it finds the violation took place and when it resigns to do so. This commentary approves such an attitude, developing arguments to support it. On the other hand, the opposite view was criticized, based on the claim that initiation of the procedure for reproach for violation is also admissible after the final ruling has been issued. Having analysed the issue of reproach for violation of the law from the systemic point of view, the author postulates to unify Article 97 § 1 of the Act on the Supreme Court with Article 40 § 2a of the Law on the Common Court System and to introduce an appeal against a ruling of the Supreme Court heard within so called horizontal instance.