criminal law

Correlation of Normative Resolutions with Normative Legal Acts

Author: Karatayev Turdaly Zhaksylykuly
Institution: Kazakh-Russian International University
Year of publication: 2013
Source: Show
Pages: 126-137
DOI Address: https://doi.org/10.15804/rop201307
PDF: rop/2013/rop201307.pdf

In the given article the issues concerning normative resolutions which are given by the Supreme Court of the Republic of Kazakhstan according to criminal cases are pointed out. The structure and mechanism of normative resolutions are discussed. Correlation of normative legal acts are investigated. Normative legal acts consist of legal norms, they regulate and manage social relations. It means that, as the normative legal acts play an important role on the judicial sphere, they create, change the norms and even can stop their activity. Here we may include constitutional laws, codes, laws, all charters of the President of the Republic of Kazakhstan which have legal power. Normative resolutions are equal for all, according to definite cases it is used not for one person, but for several people. Also, normative resolutions are used in accordance with legal acts, and until the used norm loses its power it can have definite power.

Committing a Crime as a Reason to Limit the Ability to Perform Functions in Local Government Administration

Author: Janusz Bojarski
Institution: Nicolaus Copernicus University in Toruń
Author: Natalia Daśko
Institution: Nicolaus Copernicus University in Toruń
Year of publication: 2019
Source: Show
Pages: 663-674
DOI Address: https://doi.org/10.15804/ppsy2019411
PDF: ppsy/48-4/ppsy2019411.pdf

2018 local self-government elections in Poland were special ones. Brought to light mismatching of provisions of the Electoral Code and Act on Local Self-Government Employees and attempt to use it to obtain an advantage in fight for political power caused political emotions and legal controversies. The aim of this article is presents limits imposed by criminal law on right to be elected in this type of elections and more general, role of criminal law as a tool in politics. The article presents a problem of conflict of legal regulations regarding the right to be elected and perform a public function in a local self-government unit as a problem of conflict between will of voters and attitude of politicians to creation of law and aim they try to obtain.

Zakaz zgromadzeń w Polsce w okresie stanu epidemii a odpowiedzialność karna

Author: Natalia Daśko
Institution: Uniwersytet Mikołaja Kopernia w Toruniu
ORCID: https://orcid.org/0000-0001-9122-4883
Year of publication: 2021
Source: Show
Pages: 163-173
DOI Address: https://doi.org/10.15804/ppk.2021.05.12
PDF: ppk/63/ppk6312.pdf

The ban on assemblies in Poland during the epidemic and criminal liability

During the 16 months of the epidemic threat, and then the state of the epidemic, the executive authority introduced restrictive restrictions in the area of freedom of assembly, periodically forbidding them completely. Regardless of the bans introduced, during the indicated period, there were numerous protests and demonstrations triggered by the lockdown, government policy or the judgment of the Constitutional Tribunal of October 22, 2020. The author tries to answer the question whether the bans and restrictions introduced by the executive met the constitutional standard, and if not, whether the behavior of organizers or participants of assemblies constituting the implementation of their constitutional freedoms could fulfill the criteria of specific offenses or crimes. For this purpose, the author analyzes, inter alia, judgments of common courts, as well as the judgment of the Supreme Court of July 1, 2021.

Konstytucyjny standard określoności w aspekcie przestępstwa kradzieży z włamaniem

Author: Anna Maleszyk
Institution: Uniwersytet Warszawski
ORCID: https://orcid.org/0000-0001-6592-419X
Year of publication: 2022
Source: Show
Pages: 353-365
DOI Address: https://doi.org/10.15804/ppk.2022.05.28
PDF: ppk/69/ppk6928.pdf

Constitutional Standard of Clarity in the Aspect of the Crime of Theft with Burglary

The study relates to the analysis of Art. 279 of the Penal Code (theft with burglary) from the point of view of constitutional standards of clarity of criminal law (Art. 42 sec. 1 of the Constitution). The analysis concerns the case law of the Supreme Court. The jurisprudence takes into account technical and technological progress which is important for the interpretation of the notion “burglary”. Dictionary definitions of this notion were also used. Moreover, the principle of nullum crimen sine lege certa was interpreted in the light of the Constitutional Tribunal’s jurisprudence. Against this background, it was concluded that Art. 279 of the Penal Code does not infringe the Constitution and its application – with the use of a dynamic method of interpretation – does not raise any objections. This provision adequately protects legal goods and its content allows for the predictable reconstruction of the features of a prohibited act.

Problem definicji terroryzmu

Author: Maria Gołda-Sobczak
Institution: UAM w Poznaniu
Author: Witold Sobczak
Institution: Akademia im. Jakuba z Paradyża w Gorzowie Wielkopolskim
Year of publication: 2018
Source: Show
Pages: 92-119
DOI Address: https://doi.org/10.15804/tpn2018.2.04
PDF: tpn/14/TPN2018204.pdf

The concept of terrorism raises serious disputes and doubts. Difficulty in defining the phenomenon of terrorism is the problem of distinguishing terrorist activities from acts committed by madmen or criminals. The considerations taken in the text concentrate on the searching for the answer to the question: is it possible to construct a commonly accepted definition of terrorism? It was necessary to refer the perception of terrorism and show the scientific approach to terrorism as a phenomenon present in the modern societies.

Ochrona korespondencji w systemie prawa polskiego – perspektywa ustrojowa

Author: Maria Gołda-Sobczak
Institution: Uniwersytet Adama Mickiewicza w Warszawie
Year of publication: 2018
Source: Show
Pages: 45-68
DOI Address: https://doi.org/10.15804/tpn2018.1.04
PDF: tpn/13/TPN2018104.pdf

The secret of correspondence is a very important rights and freedoms. It is guaranteed in acts of international law and by the provisions of the Polish Constitution. In the system of Polish law, constitutional norms specify the provisions of civil law, concerning personal rights, copyright and criminal law. The term correspondence should be understood broadly in the present relations and not limited only to traditional paper letters.

Criminal Law and its Victim-Oriented Development: an Academic Inquiry

Author: Viacheslav Tuliakov
Institution: University of Castilla La-Mancha
ORCID: https://orcid.org/0000-0002-2716-7244
Year of publication: 2023
Source: Show
Pages: 70-74
DOI Address: https://doi.org/10.15804/CPLS.2023308
PDF: cpls/7/cpls708.pdf

In the 21st century, one of the essential roles of the Criminal Code is to protect the rights and interests of crime victims. Criminal law is a complex field that must balance established principles with evolving societal dynamics. This involves various stakeholders, including the state, perpetrators, victims, and civil society, each with differing views on criminal law. The modern era, marked by post-truth narratives and a reputational society, has further complicated matters. Casuistry now prevails over systematic approaches, leading to a disconnect between criminal law’s foundational principles and intended societal outcomes. Contemporary criminal law operates on multiple dimensions, addressing individual, societal, and institutional levels while aiming to balance the interests of these entities. The transition from the “age of information” to the “age of reputation” underscores the importance of information subjected to external evaluation. In the context of harmonizing Ukrainian criminal legislation with EU and Council of Europe norms, it is vital to protect human rights. This aligns with a Committee of Ministers recommendation that recognizes crime as a wrong against society and a violation of individual rights, emphasizing the importance of safeguarding victim rights. Approaching criminal law from a victimological perspective offers unique insights into victim participation in criminal liability, crime qualification, and offender culpability. This perspective encourages assessing the efficacy of criminal law prohibitions and promoting victim engagement in crime control.

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