Language:
PL
| Published:
10-02-2026
|
Abstract
| pp. 1-18
The article concerns how to determine the age of the perpetrator of a criminal act. The main research problem is on what principle the age of the perpetrator is calculated. The literature presents different positions. Some of them refer to the solutions existing in civil law, on the basis of analogia legis. Others opt for the adoption of the “moment-to-moment” method, according to which the offender ends a certain age only at the specific hour and minute of the day corresponding to the date of his birth. The analysis of the issue presented was carried out taking into account the purposes and functions that are associated with the premise of age in the subject of the grounds for imputation of criminal responsibility, as well as using inferences from analogiae legis and iuris. Conclusions arising from the analysis, in turn, confirmed the research hypothesis that on the grounds of criminal law regulations related to the calculation of the age of the perpetrator, the calculation of time is adopted on the basis of the “moment-to-moment” method.
Language:
PL
| Published:
23-03-2026
|
Abstract
| pp. 1-14
The article offers a renewed analysis of the role of consent in the structure of the offence of rape in the context of the amendment to Article 197 § 1 of the Criminal Code introduced by the Act of 28 June 2024 amending the Criminal Code and certain other statutes, which adds the element of “lack of consent.” The author argues that this change does not introduce any genuine normative novelty and that its justification is based on a misreading of the requirements of the Istanbul Convention. The problem was not the absence of the concept of consent in the provision, but rather the overly narrow interpretation of the elements constituting the prohibited act of rape. As a result, the amendment does not eliminate existing interpretative difficulties but instead reproduces them, while also posing a risk of violating the principle of nullum crimen sine lege and thereby weakening the guarantee function of criminal law. The author proposes that, instead of multiplying vague statutory elements, solutions should be sought in a correct interpretation of the elements of the offence, one that corresponds to social evaluations.
Language:
PL
| Published:
29-01-2026
|
Abstract
| pp. 1-12
The aim of this article is to analyze crime rates in the Przemyśl district before the outbreak of the Russian-Ukrainian war and during its first year. The question was raised as to whether the influx of refugees had affected the level of public safety. The study, based on an analysis of legal acts, administrative and statistical data, as well as the literature on the subject, showed that despite unprecedented migration, there was no rise in crime. The number of criminal and traffic offenses decreased, and the high detection rate of perpetrators remained unchanged. The biggest problemremained traffic crimes that were not related to migration. Misinformation that caused social anxiety, were crucial. The article highlights the role of reliable communication and the state actions of public institutions in maintaining social stability was emphasized.
Language:
PL
| Published:
31-03-2026
|
Abstract
| pp. 1-19
This article analyzes the scope of criminal law protection for helpless individuals in order to describe the characteristics of the term 'helpless person’. The subject of the considerations primarily focused on the area of legal protection the level of the rights of helplessness individuals under Polish law. For this purpose, the most important provisions of substantive law ensuring the protection of helplessness individuals have been presented in various parts of this work. The following text discusses in detail the sources of vulnerability, such as age, physical and mental condition, as well as factual situations in which one can speak of vulnerability. The further part focuses on presenting the scope of criminal law protection for helplessness individuals through a dogmatic-legal analysis of selected types of crimes included in the currently applicable Penal Code. Particular attention has been paid to the crimes contained in Chapter XXVI of the Penal Code. The study also examined the justification and need, or lack thereof, for introducing a legal definition of the term "helplessness person" and the consequences resulting from the absence of such a definition de lege lata, as well as the effects that could arise from defining the discussed term.
Language:
PL
| Published:
18-07-2025
|
Abstract
| pp. 1-28
This article explores a study of the practice of using official model justifications for rulings in disciplinary proceedings of selected professional corporations. The research data was obtained by requesting public information from 84 disciplinary courts. The study revealed that most of these courts do not apply Article 99a of the Polish Code of Criminal Procedure. Further analysis leads to broader conclusions on the application of law accordingly. Most importantly, it enables a systemic, rather than incidental, evaluation of the actual outcome of applying a procedural legal norm and an assessment of the compatibility of this outcome with the specific nature of disciplinary proceedings. This grants the disciplinary judiciary an additional dimension of independence, which is not present in the common courts.