Language:
PL
| Published:
30-06-2024
|
Abstract
| pp. 1-33
he article describes the basis for criminal liability of drivers who commit intentional violations of basic safety rules. The analysis is carried out in terms of the possibility of assigning responsibility for a disaster in land traffic, and bringing a direct risk of disaster in land traffic (article 173 and 174 of the Penal Code respectively) – in the case of “accident-free” driving in violation of safety rules; in terms of assigning criminal liability for murder (article 148 of the Penal Code) in the event of causing the death of another road participant. This paper also discusses the issue of extending liability for a criminal consequence to several road participants (e.g. participants in an illegal race) and the legal significance of the injured party or another road participant contributing to causing a criminal act. The text contains de lege ferenda postulates.
Language:
PL
| Published:
30-06-2024
|
Abstract
| pp. 1-21
One of the ways increasing road safety might be the elimination of the human factor, which is the cause of most accidents. However, once in a while we hear about incidents involving autonomous vehicles. The development of technology increases safety, but also creates new risks. The purpose of this article is to point out problems related to the moral and legal evaluation of the consequences of using autonomous vehicles, and to suggest solutions. The assessment is made more difficult by the fact that the concept of autonomy implies some kind of subjectivity. The solution in question involves introducing an “AI contract”, and creating an insurance fund the aim of which would be to cover at least part of caused damage – regardless of the assessment of the degree of liability of manufacturers producing such cars. However, the question remains whether it will be possible to consider the robot as accessory to the damage caused.
Language:
PL
| Published:
19-06-2024
|
Abstract
| pp. 1-17
This study is devoted to the legal and criminological aspects of water traffic disasters that are a significant threat to safety. First, the statutory features of the offence of causing a traffic disaster (including a water traffic disaster) under Article 173 of the Penal Code were presented. Considerations were enriched by the analysis of jurisprudence. The data provided by the National Police Headquarters and the Provincial Police Headquarters in Gdańsk for 2015–2022, relating to water traffic disasters and showing its statistical picture were then discussed. The focus was on the number of proceedings initiated and offences established, recorded by the enforcement agencies.
Language:
PL
| Published:
30-06-2024
|
Abstract
| pp. 1-14
The purpose of this scientific article is to present selected problems related to proving perpetration of an act in relation to traffic offenses. They arise already at the moment of taking the first steps during the crime scene examination of a traffic accident, providing an opportunity to secure valuable and objective evidentiary traces for further research. In the course of action, however, numerous mistakes are made, the reasons for which are quite diverse. In consequence, poor-quality reference materials and subsequent errors during further evidentiary activities appear. Experts’ objectivity and the level of opinions they express, as well as adequate preparation of trial decision-makers for their proper evaluation are also important.
Language:
PL
| Published:
30-06-2024
|
Abstract
| pp. 1-17
Forensic medicine bridges the disciplines of medicine and law, and so it follows that forensic medicine specialists are doctors trained to cooperate with lawyers. Good teamwork and knowledge of mutual needs and professional abilities are especially important in stressful situations which require cooperation between various entities – such as during mass disasters in which there are many fatalities. This article aims to provide basic information on who a forensic specialist is and the activities he or she is assigned to perform at the scene of a mass casualty incident and later after the corpse has been transported to the mortuary. Particular attention will be paid to: duties during procedural examinations of corpses at the scene of their discovery, and challenges arising from attempts to introduce the DVI (Disaster Victim Identification) procedure proposed by Interpol. Current possibilities in post-mortem diagnosis will also be presented, with specific attention paid to post-mortem radiology, including post-mortem computed tomography (PMCT).
Language:
PL
| Published:
03-06-2024
|
Abstract
| pp. 1-18
The article discusses the issue of liability for damage caused by the movement of autonomous vehicles. The Author analyzes the current possible bases for such liability, as well as proposals for changes formulated at the European Union level, considering the advantages and disadvantages of individual solutions. The study also contains de lege ferenda postulates regarding the future shape of liability for damages related to the use of vehicles based on advanced technologies.