Probative obligations (its nature, assumptions, purpose and application in judicial practice)

Czasopismo Prawa Karnego i Nauk Penalnych Rok XXII: 2018, numer 1
Journal of Criminal Law and Penal Studies Volume XXII: 2018, No. 1

Bartosz Kolarz – M.A., Jagiellonian University
Michał Literski – M.A., Jagiellonian University
Konrad Sączek – M.A., Jagiellonian University

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Keywords

probative obligations, probative measures, probation, conditional suspension of the enforcement of the imposed penalty, conditional discontinuance of the proceedings

Summary

The article is dedicated to the institution of probative obligations stated in the Article 72 of the Polish Criminal Code. Presented considerations are aimed at the complex analysis of the main functions and purpose of selected probative obligations and addresses the major interpretative problems that arise in this context. Authors also point out a number of de lege ferenda postulates, which may be a remedy for the still unjustified, insignificant interest in this criminal law institution in court practice.

 

Definition and protection of a computer program in criminal law

Czasopismo Prawa Karnego i Nauk Penalnych Rok XXII: 2018, numer 1
Journal of Criminal Law and Penal Studies Volume XXII: 2018, No. 1

Adam Behan – Ph.D. candidate, Jagiellonian University

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Keywords

computer program, cloud computing, programming language, copyright law, programing libraries, website

Summary

This article deals with the problem of interpretation of the concept of computer program in criminal law, and interpretation problems arising from the development of information technology. These issues are addressed by using dogmatic and comparative methods. In this context article presents the history of the concept of computer program in legal acts, including international and European ones. In the following part a critical analysis of the definition of computer program in the Polish Criminal Code is presented, as well as author’s conclusions regarding the legal qualification of cybercrimes. The conclusions of the article cover both the informatic issues important for the interpretation and application of criminal law, and the legal implications of this position. One of the main conclusions of the article is that there is no justification for implementation of a legal definition of computer program into the Criminal Code, regardless of the problems with its application associated with an improper understanding of computer program by lawyers.

 

The pro-constitutional application of criminal law (the Vth Cracow Penal Forum, 9th June, 2017)

Czasopismo Prawa Karnego i Nauk Penalnych Rok XXII: 2018, numer 1
Journal of Criminal Law and Penal Studies Volume XXII: 2018, No. 1

Daria Kucyper – Ph.D. candidate, Jagiellonian University, trainee in the National School of Judiciary and Public Prosecution.

Daniel Kwiatkowski – Vth year student at Jagiellonian University

Wojciech Płóciennik – Ph.D. candidate, Jagiellonian University, trainee in the National School of Judiciary and Public Prosecution.

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Keywords

penal measure, prohibition from operating vehicles, evidence, fruits of poisonous tree, judicial assessor, criminal procedure, judge

Summary

The study presents issues discussed during the Vth Cracow Penal Forum concerning the interpretation of substantive and procedural criminal law in compliance with the constitutional rules. The deliberations focused on three fundamental issues. First of them concerned problems with obligatory imposition of prohibition of operating vehicles for life. Next one focused on procedural and constitutional issues of using evidence acquired by way of an offence, that is on recently introduced Article 168a of the Polish Code of Criminal Procedure. The last issue concerned regulation of recently restored institution of a judicial assessor and legality of its participation in the course of criminal trial.

Characterization of concurrence of provisions of Article 212 § 1 and Article 234 of Polish Criminal Code (with special regard to its substantive and procedural consequences)

Czasopismo Prawa Karnego i Nauk Penalnych Rok XXII: 2018, numer 1
Journal of Criminal Law and Penal Studies Volume XXII: 2018, No. 1

Wojciech Płóciennik – Ph.D. candidate, Jagiellonian University, trainee in the National School of Judiciary and Public Prosecution.

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Keywords

defamation, false accusation, concurrence of provisions, consumption rule, lex specialis

Summary

The main purpose of the article is to solve the issue of concurrence of Article 212 § 1 and Article 234 of Polish Criminal Code in situations when perpetrator’s behavior features elements defined in both of those provisions. The study contains a discussion and evaluation of views presented in jurisprudence and judiciary and substantive and procedural consequences of their acceptance. Author presents his own opinion, according to which the indicated provisions constitutes regular but negligible concurrence.