Language:
EN
| Published:
05-05-2025
|
Abstract
| pp. 1-24
The purpose of writing this article is to compare legal and medical sciences by combining them with further systematization and use. In today’s turbulent environment, the implementation of informatisation of the medical community, including their patients, remains a relevant research vector. Practical implementation of the results of civil society development, in the form of effective activities is to raise legal awareness of a specific area of medical activity. The practical level of medical activity, includes the mandatory criterion of meeting the quantitative and qualitative levels of requirements, such as: specialised (branch) of medical education (also, educational specialization that can be equated to medical); high quality of tasks; professional experience, etc
Language:
PL
| Published:
17-04-2025
|
Abstract
| pp. 1-20
The purpose of the article is to provide guidance in identifying the circumstances that the International Criminal Court (ICC) should consider when imposing the sentence for ‘in any other way contributing to the commission of a crime by a group of persons acting with a common purpose’, as provided for in Article 25(3)(d) of the Rome Statute. The proposed exemplary circumstances are not actus reus elements of the concept of joint criminal enterprise (JCE), however they relate to them. In other words, regardless to the fact that the concept of JCE has not been adopted by the ICC, it is concluded that the elements relating to such enterprises are relevant, to the extent indicated, for the application of Article 25(3)(d) of the Rome Statute.
Language:
PL
| Published:
12-05-2025
|
Abstract
| pp. 1-22
This paper analyzes the current provisions related to the imprisonment of female prisoners within the Polish and French penitentiary systems. Women’s imprisonment has been a deeply emotional and contentious issue for a long time. Research indicate that the experience of prison isolation might vary for women. One of the most controversial aspects is the placement of children under three years old with their incarcerated mothers in the House of the Mother and Child. Experts also highlight that the discomfort these women experience is persistent and never fully goes away. Another – often ignored issue – is that incarceration affects basic hygiene products. This suggests the need for a tailored approach in the treatment of this group of convicts.
Language:
PL
| Published:
05-05-2025
|
Abstract
| pp. 1-16
This article discusses the issue of the institution of pledge that is given by the witness by the court in Polish criminal proceedings. In spite of the fact that the court shall base its judgment solely on the basis of findings of fact that are drawn inter alia on the witness’s testimony, there is no guarantee that witness’s testimony, despite to have a pledge given are truthful. Court practice shows that despite the formal obligation of having a pledge given, in reality, this institution, towards notorious presenting position of parties of the case that exempting the witnesses from having a pledge given, is solely on a paper. Hence, the main thesis of the Author about unnecessary such procedural action in Polish criminal procedure, that nowadays has lost its practial meaning.
Language:
PL
| Published:
30-06-2025
|
Abstract
| pp. 1-20
This article focuses on the issue of procedural guarantees for children acting as suspect or accused in criminal proceedings. Particular attention was paid to the two-pronged development of accountability standards – both in the context of universal acts and within the framework of regulations adopted at the European Union level. The key element of the study is an analysis of the judgment of the Court of Justice of the European Union of September 5, 2024, including a presentation of the facts of the case in which the preliminary questions were referred. The following part of the article assesses the impact of the ruling on the Polish legal order, with a particular focus on the April 14, 2023 amendments to the Code of Criminal Procedure. In this context, the fundamental problems of the Polish regulation were pointed out, including the issue of mandatory defense and the automatic termination of the obligation to provide it when the suspect reaches the age of majority.
Language:
PL
| Published:
12-05-2025
|
Abstract
| pp. 1-13
The article has been raised on the issue of special recidivism included in art. 38 § 1 and 2 of the Petty Offenses Code (P.O.C.). The narrative goes through the issues: the evolution of the art. 38 p.o.c., the question of punishment and the possibility of applying extraordinary aggravation of the penalty. The substantive analysis is carried out in the context of the views expressed in the doctrine and jurisprudence. Extraordinary aggravation of the penalty included in this regulation enables a more complementary reflection in the convicting judgment the perpetrator’s guilt. In the summary states a.o., that: an extraordinarily aggravation penalty within the framework of special recidivism included in art. 38 § 1 P.O.C., may be imposed only by a court judgment, whereas in the case of a single special recidivism included in art. 38 § 2 P.O.C., may also be imposed by a penalty ticket, provided that in a specific, selected case, a specific provision so permits.