Acta Universitatis Lodziensis. Folia Iuridica 2012/71

B. Hołyst, Terroryzm, t. 1. i 2, Lexis Nexis, Warszawa 2009, s. 2083

2021-06-28T12:28:55Z

B. Hołyst, Terroryzm, t. 1. i 2, Lexis Nexis, Warszawa 2009, s. 2083 Indecki, Krzysztof

Kara łączna po nowelizacji. Krótkie uwagi

2018-02-01T11:19:28Z

Kara łączna po nowelizacji. Krótkie uwagi Wysoczyńska, Małgorzata The dimension of (measurements of) joint punishment presents important problem, for defendants and judges, for its obligatory voting beholden , when premises get with article 85 k.k. So, all attempts of references are notable for this problem, particularly, attempts which have been undergone by legislator in this purpose taken in order to delete numerous interpretation doubts. Content of regulation of chapter IX of Polish penal code, but particularly, article 86 k.k. and 89 k.k. were taken into consideration. Hence, chosen jurisdictions of the Supreme Court and literature concerning this regulation were analysed, as these regulations have important meaning within last months. Passage of time entitles to these first estimates of changes.

Trybunał Konstytucyjny a terroryzm – analiza wybranych tez z uzasadnienia do wyroku TK 44/07

2018-02-01T11:19:29Z

Trybunał Konstytucyjny a terroryzm – analiza wybranych tez z uzasadnienia do wyroku TK 44/07 Szczepański, Przemysław The article discuss the main thesis of justification to Polish Constitiutional Tribunal’s judgment k 44/07. The Tribunal expressed the conviction that the fight against terrorism just as the fight against organized crime, or in regular war does not justify the suspension or withdrawal of basic rights and civil liberties. Tribunal notes that the elimination of Article 122 in Polish Aviation Law does not preclude state authorities to respond to the threat described in the disposal of the contested norm. There are other instruments to act in such a situation: • The state institution of higher necessity – in the case where the aircraft are occupied by passengers and crew who are not terrorists. • Self-defense – in a situation where the aircraft are limited to bombers. Direct provision authorizing the murder of its own citizens by the state has no place in the Polish legal system.

Umieszczenie w zamkniętym zakładzie leczenia odwykowego w świetle wyników badań empirycznych

2018-02-01T11:19:29Z

Umieszczenie w zamkniętym zakładzie leczenia odwykowego w świetle wyników badań empirycznych Stolarczyk, Wioletta The article presents results from research on a group of 69 adults of both sexes, sentenced to no more than two year prevention of liberty for offences committed in connection with a state of being addicted to alcohol or drugs, and therefore without intent and of course premeditation. Pursuant to article 96 of the Polish Penal Code, perpetrators are sentenced to an obligatory drug treatment without their assent to the therapy, therefore their assent is not required. Depending on results of the drug treatment, perpetrators are or released from the remaining punishment or are sentenced to no more than two year prevention of liberty. In this article it is necessary to stress that a lack a of perpetrator’s assent to the obligatory drug treatment and therefore their reluctance to a co – operation creates problems both for the justice and these patients. Knowledge of the problems in question made to postulate that the provision of article 96 of the Polish Penal Code should be changed for the following reasons. Firstly, an obligation of the drug treatment without perpetrator’s willingness to be cured makes article 96 a useless provision because the obligatory drug treatment without their co-operation in the treatment process has no sense. Secondly, in case of no co-operation and reluctance to be cured, the judge should be given an opportunity to repeal the sentence of the obligatory drug treatment and sentence the perpetrator to imprisonment. The suggested changes are supported by results from the empirical research, made by the author in hospitals in Toszek, Branice and Gorzów Wielkopolski, which prove that article 96 of the Polish Penal Code should be changed as follows. The court should have a possibility of considering the real term of the obligatory drug treatment on account of the punishment and the remaining period of imprisonment should be conditionally terminated or conditionally suspended.