Enforcement of penalties imposed for the committing of petty offenses

Czasopismo Prawa Karnego i Nauk Penalnych Rok XXII: 2018, numer 2
Journal of Criminal Law and Penal Studies Volume XXII: 2018, No. 2

Anna Podkówka - Ph.D. candidate, Jagiellonian University, Chair of Criminology

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Keywords

petty offense, reprimand, fine, limitation of liberty, arrest

Summary

There are four penalties provided in Polish Code of Petty Offenses, that is a reprimand, fine, limitation of liberty and arrest. Legal regulations concerning the execution of imposed penalties for petty offenses are complex. Basically, the enforcement of those penalties is regulated in the Executive Criminal Code but there are some exceptions. For instance, the Code of Petty Offenses contains some autonomous provisions on enforcement of penalties. The author analyses the provisions of Criminal Code, Code of Petty Offenses and Executive Criminal Code and points out which regulations should be used in case of enforcing penalties imposed for petty offenses.

Criminal liability for performing the banking operations without authorization

Czasopismo Prawa Karnego i Nauk Penalnych Rok XXII: 2018, numer 2
Journal of Criminal Law and Penal Studies Volume XXII: 2018, No. 2

Łukasz Duśko - Vth year student, Jagiellonian University

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Keywords

banking law, the performance of banking activities without authorization, normative clause, the concurrence of legal provisions, criminal sanction

Summary

This paper concerns the interpretation of the objective and subjective elements of a prohibited act described in Article 171 Section 1 of the Banking Act. Criminalization provided by this regulation applies to cases of the performance of banking operations without authorization. This study presents the interpretation of the elements of this type of a prohibited act with special concern to the problems arising in the case law (not excluding issues of the concurrence of criminal law provisions and criminal sanctions).

Rector as a person obliged to notify the suspicion of committing plagiarism (considerations on the subject of disciplinary responsibility of students)

Czasopismo Prawa Karnego i Nauk Penalnych Rok XXII: 2018, numer 2
Journal of Criminal Law and Penal Studies Volume XXII: 2018, No. 2

Jolanta Kajfasz - Vth year student, Jagiellonian University

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Keywords

Rector, student, disciplinary responsibility, plagiarism

Summary

For the commission of plagiarism, the student may incur not only criminal but also a disciplinary responsibility. The Law on Higher Education introduced the Rector’s duty to notify law enforcement bodies about the possibility of committing a crime such as plagiarism. In practice, however, plagiarism is understood much more broadly than on the basis of the Polish Act on Copyright and Related Rights. Therefore, the legislator – by introducing the obligation referred to in Article 214 § 6 of the Law on Higher Education – imposed on the Rector duties that are not proportional to the committed disciplinary offense.

 

Consent of the holder of a legal interest to risky behavior of perpetrator as a circumstance affecting the scope of criminal liability

Czasopismo Prawa Karnego i Nauk Penalnych Rok XXII: 2018, numer 2
Journal of Criminal Law and Penal Studies Volume XXII: 2018, No. 2

Dominik Zając - Ph.D., Chair of Criminal Law, Jagiellonian University, advocate trainee

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Keywords

consent to a violation of the legal interest, voluntary consent, voluntary agreement

 

Summary

The article states that under certain conditions the consent of the holder of a legal interest may significantly affect the scope of criminal liability of the perpetrator. Depending on the type of legal interest, the nature of the attack, and the level of awareness on the side of the consenting person, it is possible to exclude the criminal liability or to limit its scope.