prawo karne

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.

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