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The article considers matters related to the structure of the criminal and legal norm and the sense of its basic elements. The author analyzes various conceptual approaches to settling the matter concerning the sense of a hypothesis as a structural element of the criminal law norm, peculiarities of its restatement, and doctrinal views regarding this matter existing in the modern theory of criminal law.
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A study of the legal and psychological prerequisites for forming a system for counteraction to crimes against justice has been carried out. Such an approach allows not only to effectively investigate crimes against justice and properly qualify the committed socially dangerous acts, but also to neutralize or minimize the possibility of committing crimes against justice. Therefore, studies of the emotional condition and complex volitional acts of participants in the proceedings were necessary for the purposes of this paper. During the research, author is paid attention that judge in the period, when he/she make decision in the case, we could find signs of unprofessional activity – inattentiveness, superficiality, ignorance,fatigue, fear, which may affect the adoption of an erroneous decision. In order to establish whether such a decision was unlawful or false, it is necessary to establish the extent to which such a decision was a conscious judge, which the judge wanted to reach by such a decision. The return to a complex volitional act committed by a judge requires the implementation of a retrospective immersion into experience,accompanied by a court decision. Such an approach can be applied to the activities of other participants in the proceedings, but due to additional analysis of their procedural and / or professional status.
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The authors consider the possibility to use potential repressive measures in order to foster the motivation of the third parties (within the meaning of the Act No. 7/2005, Coll. on Bankruptcy and Restructuring) to provide the official receiver with all the due and timely cooperation at determining the state of bankrupt’s property. The success in establishing the aforementioned conditions the satisfaction of creditors’ claims within the insolvency proceedings. Any mistake at this point can lead to general failure in the purpose of the proceedings. At this stage, outside the scope of criminal procedure, the obligatory interference into the proprietary integrity of the persons under the duty to provide the official receiver with necessary cooperation seems to be a pertinent instrument. The threat of sanction should motivate the relevant persons to provide the necessary cooperation duly and timely and, should the sanction be imposed fairly (i.e. liability found), the person in issue should be brought to behave in compliance with law pro futuro. The attainment of this goal depends on the adequacy of sanction, its severity and obligatory force. In their article, the authors comparatively refer to the Czech statutory regulation de lege lata.
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The composition of a criminal court stands as one of the most interesting issues in the comparative law. Different viewpoints when it comes to the need of including non-professional citizens in the contemporary criminal procedure have contributed to interesting approaches related to regulating this issue. First of all, there are original jury systems that are a feature related mainly to the Anglo-American legal systems, but whose ideas have found their place in the European legislature as well. Furthermore, there are countries where the trial body stands as a separate authority, which consists of professional judges and lay judges, whereas some of the countries have both professional judges and lay judges, the first being in charge of resolving legal issues, and the second ones being in charge of factual issues. There are many articles devoted to the jury systems in the world, but in a very small proportion of them we could find solutions from the mixed court of the Balkan countries. Mixed court is one of the features continental countries. The authors compare Balkan countries, where Slovenia and Croatia being the European Union Members, whereas the rest of them are in the process of accession. Thereby, some of the countries strive to get their courts become more professional by leaving out citizens non-professional from the composition of trial chamber, while some of them have kept them, whereby the scope of their jurisdiction varies from one country to another. Today, it is a great question whether a mixed court will survive legislative changes, due to the criticism of the jurists and non-jurists.
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Violent offences directed against bodily integrity of other persons are indisputably considered as the most dangerous forms and aspects of criminality. They are known as the offences against bodily integrity or “blood offences”. Due to its significance, nature, characteristics and consequences, the crime of murder, for which all contemporary legislations prescribe the most severe types and measures of punishment, particularly stands out among these criminal offences. There are three types of murder. They include : a) ordinary (common) murder, b) murder committed under mitigating circumstances and c) murder committed under aggravating circumstances, for which the most severe punishment is prescribed. All contemporary criminal legislations, as a law of the Eastern-European states are familiar with various forms and aspects of the crime of murder under aggravating circumstances. Murders committed out of various (different) motives that inspired their perpetrators to cause the death of another person, particularly stand out among other types of murder. This paper discusses the term, contens, characteristics, forms and elements of the crime under aggravating circumstances in the criminal laws of Poland, Russia and Baltic state (Estonia, Latvia and Lithuania), from theoretical as well as practical aspect.
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The specificity of the criminal law of the Nordic states is reflected in the fact that, in the trend of expanding punitiveness in the world and intensification in penal policy, one of the key features is avoiding the application of the prison sentence wherever it is possible and turning to its alternatives. Namely, the Nordic countries have remained on the same course for decades as regards the sanctioning of perpetrators of criminal offenses, and their mild penal policy, especially in the eyes of the Anglo-Saxon countries and countries under their influence, is directly related to high social spending in these societies and the existence of real social egalitarianism among citizens. The aim of this paper is to present a system of criminal sanctions in the law of the Scandinavian countries, with a key review of alternatives to prison sentence and their practical application, as well as to point out the reasons for the existence of such a system of sanctioning and its advantages in relation to legal systems with highly repressive elements in criminal policy.
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The article indicates a significant role of the Police X Archives in the investigative practice of law enforcement authorities. The author emphasized the importance of those units, especially these in legal orders, in which the legislators introduce the institution of prosecution’s expiration. The author also mentioned the need of organizational changes in the currently functioning system, while presenting a number of demands that could improve the work of the undetected crime police team.
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Police Teams Dealing with Undetected Crime, commonly referred to as the X Archives, operate within the voivodship police headquarters. They accumulate the most experienced officers and deal with the most serious crimes from the past, mainly the murders whose perpetrators have not been detected so far. The teams of several people make a thorough analysis of the acts of undetected crimes, they reach sources of information and use the latest achievements of forensic science. Two databases are particularly useful, i.e. AFIS and DNA. For this reason, the most attention has been given to them.
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The institutions of reopening and instituting discontinued preparatory proceedings are of the key importance as regards a possibility of returning to criminal proceedings already finished. Principles of criminal proceedings deciding how to conduct them in certain circumstances force completion of the proceedings at a given stage. Sometimes this is due to the appearance of a relative, therefore removable, negative procedural condition, sometimes due to the impossibility of detecting perpetrators of the offence. It is therefore crucial to establish what conditions to return to the discontinued preparatory proceedings are. Is it possible? What is the time frame for a decision to be made? This study provides answers to the problems identified, focusing obviously on the procedural conditions of admissibility of the return to criminal proceedings. The rules have been laid down in the law system according to the time of proceedings completion. The article also presents such elements as bodies authorised to act, conditions of the prosecutor’s operations, a role and a place of the Police in the decision-making system. The mentioned elements are an attempt to locate these particular institutions in the system of revealing some old crimes committed by perpetrators not yet disclosed.
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The article is an attempt to interpret the information collected on the basis of the contents of scientific materials in confrontation with widely available press reports and media files regarding the largest unexplained series of murders in the history of Polish forensic science, which for the sake of the investigation are the case messages authorized by the authorities working on the case being a fraction of the material collected since the start of the investigation, but sufficient to satisfy the right to public information, as well as social curiosity. Based on the above documentation, some questions have been posed that get answers because of an incomplete outline of the perpetrators and especially individuals who handle not fluent in fields of study such as criminology, forensics, forensic medicine and criminal psychology. Some changes that take place because of the passage of time and new threads around the investigation have been discussed.
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Modern collection of information from open sources like state, press and private ones come under open-source intelligence and it is a complement to operation activities carried out in criminology. The article focuses on working out personal and capital relationships by means of open-source intelligence and on obtaining data from open sources as a complement to the information which will help reveal personal relationships or motives for the crime after years. The article discusses universally available sources like state registers, private sources of information, sources of political information and motives of business entities recognition i.e. tortious motives in economic crime and in criminal offences as well as in industrial espionage and sabotage.
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The article raises issues concerning encrypted networks, their content and security. The following terms are explained: Darknet, Deep Web and Dark Web. The article presents some technical aspects of The Onion Router software and its origins. It also includes some characteristic features of the usage of such a tool and of the community which has developed around it. A legal and forensic assessment of the activity placed in the Darknet is presented. The author believes that the phenomenon of TOR software should not be evaluated negatively and the author predicts its rapid development.
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The Cracow X Archives Team is a group composed of police officers of the Criminal Division and the Department of Investigation at the Police Headquarters in Cracow. It deals with the most difficult criminal cases such as unexplained murders committed many years ago, people mysteriously missing, detection of serial killers. This article presents examples of the many successes of the Cracow X Archives Team. It also presents some characteristics and methods of the officers’ work. One of the cases has been described in detail. It concerns the mysterious disappearance of Jan L., who on 17 July 2000 left home and never returned.
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The article focuses on issues of motives of sexual offenders i.e. rapists. The source of atypicality of motives described by the author is a stereotype of sexual reasons for crimes under art. 197 of the Polish Criminal Code, which are not confirmed in psychiatric studies. The cognition of rapists’ motives has a positive influence not only on crime detection but also on the proceedings at the stage of judgment passing and carrying out the penalty (resocialization).
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This article is a commentary on the court decisions made in connection with the factual situation regarding the admission of a patient to a psychiatric hospital without their consent. In relation to the circumstances found in the case, conditions determining the acceptability of admission to a psychiatric hospital with no consent were discussed under legal regulations contained in art. 23 and 24 of the mental health act. The publication presented arguments for the rightness of providing people with healthcare services, in some circumstances without their consent.
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The article contains some consideration about selected, crucial circumstances of the death of the Russian poet Sergei Yesenin and it also concerns the injuries found in him during the post-mortem examination. The authors have focused on the most important and currently available information which indicates that the true cause of the poet’s death might have been different from the official cause of death. Some facts discredit suicidal hanging and the others suggest a possibility of a murder staged to look like a suicide.
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Obtaining evidence during criminal proceedings involves a number of activities that should be carried out by a prosecutor so that they are legally permissible. The legislator anticipated special provisions in the field of obtaining evidence outside criminal proceedings. In the course of the operational activities carried out by special bodies (Police) it is possible to control inter alia telephone calls. The introduction of evidence from these recordings is regulated in a special way. In certain situations, the legislator provided additional restrictions on obtaining evidence especially when it is connected with highly protected professional secrets – art. 180 § 2 of the [Polish] penal procedure code. This article outlines the mentioned issues.
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We are seeing a change in the development of science, which draws forensics knowledge and use of the achievements, adapting them to fight crime. Modern forensics does not stop at the same adaptation of the achievements of other sciences, but also independently develops its own methods and means of fighting crime, which is associated with ongoing technological progress and the growing needs of law enforcement and forensics. Collected during the activity traces of forensic science today, we can identify using modern technologies. It is now possible, thanks also obtained new sources of personal and work hard analytical, investigative and operational. As practice shows the basis for the initiation of proceedings may also be electronic evidence, which can be found by analyzing the content of the Internet.
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Despite 128 years, the case of Jack the Ripper’s murders is still fascinating and tempting new generations of investigators willing to solve its mystery. However, from practical point of view it seems to be more important not to find a real Ripper, but rather take a glimpse into what the investigation looked like and where the mistakes were made. A brief review of the investigation leads to a conclusion that many of the mistakes made over 100 years ago still appear when it comes to an investigative process, such as improper selection of evidence at the crime scene or taking political tendencies under consideration rather than searching for the truth. The case shows that a man is the most important part of the investigation, and modern technology can only support it, but it will never replace a human intellect and its ability to think in a logic way.
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The article presents issues of the newly introduced legal remedy, which was introduced together with a new participant of the criminal process i.e. a court referendary under the act of 23 November 2013. To present more thoroughly the specificity of the discussed institution and to lead to further deliberations, a political position of the court referendary has been briefly described against the Polish law as well as activities entrusted to them in criminal proceedings. The procedure of lodging and considering the objection has been analysed pointing at possible interpretative problems associated with it. Moreover, the deliberations concerning the legal nature of the objection to an activity of this judicial officer in criminal proceedings have been conducted as well as placing the regulations on submission of an objection in the criminal procedure act. Concluding de lege ferenda analysis of the possibility to collect the regulations concerning the objection in one part of the code, and then to place them in the Code of Penal Procedure in case of the next amendment.
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