Language:
PL
| Published:
11-06-2024
|
Abstract
| pp. 1-39
The article focuses on selected rulings of German courts that deal with behaviour defined in the German Criminal Code as the crime of incitement to popular hatred. The purpose of this article is to present how courts have assessed specific statements from the point of view of the occurrence of prohibited acts characteristics in hate speech. The article presents the facts and legal evaluation of the behaviour to indicate which behaviors fulfill the characteristics of the criminal act of inciting to popular hatred under German laws. Also selected rulings of Polish courts, which relate to the interpretation of the characteristics of the hate speech crime, are taken into consideration. The author has selected some rulings of Polish courts, which are thematically similar to the rulings of German courts. In conclusion, the author has pointed out the differences between the characteristics of criminal acts in German laws and Polish laws, and thus a different approach of two judicial systems to some specifically indicated contents.
Language:
PL
| Published:
12-06-2024
|
Abstract
| pp. 1-13
The article discusses the evolution of the elements of the crime of paid protection, starting from the introduction of these regulations to the Polish legal system, up to the current provisions. Considerations of the effects of successive amendments and their impact on the scope of penalization are set against the background of historical changes taking place in Poland. The article also presents an analysis of the jurisprudence, allowing the evaluation of individual amendments, in the context of their practical application.
Language:
PL
| Published:
17-06-2024
|
Abstract
| pp. 1-23
This article discusses the issue of violence occurring in the basic social group, which is the family, as a result of which authorized bodies forcibly take a child away from its parents. Part of the article was devoted to discussing the mentioned procedure used by social workers, probation officers and police officers. The article also contains the results of qualitative research. The case study method was used to implement them. The obtained results showed the practical application of the procedure of taking a child away from its parents. The presented text is intended to cause a deeper analysis of the discussed procedure and to introduce changes so that the authorities forcibly taking away the child have no doubts as to the extent to which they can proceed.
Language:
PL
| Published:
11-06-2024
|
Abstract
| pp. 1-21
The article presents the model of the functioning of the jury courts operating on the basis of the 1928 Polish Code of Criminal Procedure, which are so far the most complete and undoubtedly the most interesting form of implementation by the legislator of the principle of participation of the social factor in the administration of justice in criminal matters. The text discusses the jurisdiction and composition of the jury court, the procedure for selecting jurors, the conduct of proceedings before the jury court, the deliberation, voting and sentencing based on the jury’s resolution and the appealability of the jury court’s verdict.
Language:
PL
| Published:
28-06-2024
|
Abstract
| pp. 1-25
The institution of the family and marriage, understood as the relationship between a woman and a man, plays an important role in the light of contemporary social changes. The importance of the family, as well as marriage and their importance for the social order is evidenced by their increased protection under constitutional law, as well as civil law, and in particular the implementation of appropriate criminal law regulations providing for criminal liability towards persons violating the indicated values. The manifestation of the protection of marriage under substantive criminal law is evidenced by the criminalization and separation of a separate type of bigamy offense, consisting in entering into another marriage, despite the perpetrator remaining in a valid marriage. The aim of the article is to analyze the construction of the hallmarks of the act of bigamy, taking into account the particular role of marriage, as well as to answer the question about the desirability of criminalizing the analyzed crime.
Language:
EN
| Published:
19-06-2024
|
Abstract
| pp. 1-18
The paper deals primarily with the issue of evidence in criminal proceedings, in relation to the criminalistic procedures by which individual pieces of evidence are obtained. The introductory part focuses on a general analysis of the relationship between criminalistics and criminal law and on the relevance of criminalistics for legal practice. The main part of the paper is devoted to the area of evidence. The area of evidence is the centre of gravity of the entire criminal proceedings, and therefore the upcoming recodification of the Czech criminal procedural law may bring improvements to the current situation in this area as well. De lege ferenda considerations will be devoted to the analysis of the question whether criminalistic methods and procedures should be regulated directly in the Criminal Procedure Code, as is the case with the so-called special methods of evidence, or whether such a procedure is not appropriate.