The admissibility of a repeated examination of a minor victim of a sexual offense

Czasopismo Prawa Karnego i Nauk Penalnych Rok XXII: 2018, numer 4
Journal of Criminal Law and Penal Studies Volume XXII: 2018, No. 4

Tomasz Lenartowicz - Ph.D. candidate, Jagiellonian University, Chair of Criminal Law

Full text in PDF (open access)

Keywords

minor, accused, attorney, preparatory proceedings, the right of defense, crimes against sexual freedom and decency

Summary

The subject of this article is the issue of making more real the defendant’s right to defense in case of a sexual offense against a minor. The analysis of doctrinal and judiciary views, as well as requirements concerning the manner of taking evidence from examination of a minor victim, leads to the conclusion of the need to introduce additional procedural guarantees for a potential suspect, already in the preparatory proceedings phase.

A public prosecutor’s instruction issued to the Police pursuant to Article 15 § 1 of the Polish Code of Criminal Procedure – selected issues

Czasopismo Prawa Karnego i Nauk Penalnych Rok XXII: 2018, numer 4
Journal of Criminal Law and Penal Studies Volume XXII: 2018, No. 4

Paweł Gacek – Ph.D., The General Police Hedquarters (legal advisor), University of Silesia (graduate)

Full text in PDF (open access)

Keywords

Police, official order, command, public prosecutor’s instruction, preparatory proceedings, criminal procedure

Summary

This article is entirely devoted to the problem of the instructions issued to the Police by the public prosecutor under Article 15 § 1 of the Polish Code of Criminal Procedure (k.p.k.). The author discusses the differences between the public prosecutor’s instruction, command and official order issued by the superior. The article is focused on the topics concerning the entity authorized to issue an instruction and official order, the addressee of these commands and the subject to which they refer to.

Limitation of claims for compensation of damages or suffered injury resulting from wrongful conviction, unlawful imposition of preventive measure, unjust pre-trial detention or arrest (between theory and practice)

Czasopismo Prawa Karnego i Nauk Penalnych Rok XXII: 2018, numer 4
Journal of Criminal Law and Penal Studies Volume XXII: 2018, No. 4

Katarzyna Wiśniewska – M.A., Jagiellonian University, Chair of Criminal Law (ph.d. graduate), advocate

Full text in PDF (open access)

Keywords

compensation, miscarriage of justice, wrongful conviction, unjust detention, limitation of claims, state responsibility for damages

Summary

One of the elements that determine the compliance of the state responsibility model for unjust or unlawful activities of public authorities with international and constitutional standards is the availability of compensation mechanisms. This responsibility model is also a subject of assessment in the context of formal requirements that the applicant must fulfill to effectively initiate proceedings and then obtain appropriate compensation. The opinion in this respect may also be influenced by the regulation of time limits to claim compensation for damages. This paper presents the constitutional aspects of the current regulations. The purpose of the article is also to provide answers for the question concerning the practical influence of regulations provided for in art. 555 of the Polish Code of Criminal Procedure (k.p.k.) on the state responsibility model.

Preventive exemption of conditional early release – remarks in the context of a proposed amendment to Article 77 of the Polish Criminal Code

Czasopismo Prawa Karnego i Nauk Penalnych Rok XXII: 2018, numer 4
Journal of Criminal Law and Penal Studies Volume XXII: 2018, No. 4

Agnieszka Pilch - Ph.D., Jagiellonian University, Chair of Criminal Law (assistant proffesor); Judge at the District Court for Kraków Śródmieście in Kraków; head of the Didactic Department of the Judicial Application Center of the National School of Judiciary and Public Prosecution

Full text in PDF (open access)

Keywords

probative measures, conditional early release, the principle of humanitarianism, crimes against sexual freedom and decency

Summary

The article discusses the proposed amendment to Article 77 of the Polish Criminal Code (k.k.) consisting in the introduction of a new paragraph which excludes the possibility of conditional early release in case of murder of a minor under 15 years of age in relation with rape committed by a perpetrator that have a disorder of sexual preferences. Starting from defining the principle of humanitarianism in the context of regulations currently in force, the author moves on to examine the issue of interpretation and the scope of application of Article 77 k.k. In the second part of the paper the author analyses the proposed provision from the point of view of the proportionality principle expressed in the Polish Constitution, referring it to the regulations contained in the Act regarding persons with mental disorders posing a threat to life, health and sexual integrity of others.