Pub Date : 2022-12-01DOI: 10.26399/iusnovum.v16.4.2022.38-m.skwarcow
Marek Skwarcow
Summary The aim of the article is to show the problems related to the application of interviewing an adult victim in cases of offenses against his sexual freedom, which evidentiary activity is regulated in Art. 185 of the CCP. This provision has to reconcile two opposing reasons – protection of the aggrieved party and avoidance double victimization and providing the accused with a guarantee of his interests, especially the rights of a defense lawyer to participate in questioning. A great contribution to making considerations on the meaning of the commented regulation is the judgment of the Supreme Court of June 29, 2022, in the case III KK 202/21, which was issued after the recognition of the cassation appeal of the defender of the accused. In the case, the Supreme Court, weighing the cassation charges, decided that refusal by the appellate court of the request for rehearing the aggrieved party, in a situation where their hearing in the course of the proceedings preparatory proceedings took place not only in the absence of the accused, but also under the absence of his counsel constitutes a significant violation of the accused’s right to defense. This is because the accused has no way of getting filed in this mode, the statements should be verified from the point of view of their credibility. The ruling of the Supreme Court should be considered as accurate, especially as it was reached in extending the right to use the assistance of a defense lawyer also in relation to the person as to which has not yet been ordered to present the charges but do exist while for it there are reasonable grounds that, as a result of the hearing, it will become a suspect.
{"title":"Hearing a Witness Pursuant to Art. 185 of the CCP and an Assurance of Defendant’s Rights of Defense. Comments on the Verdict of the Supreme Court of June 29, 2022, III KK 202/21","authors":"Marek Skwarcow","doi":"10.26399/iusnovum.v16.4.2022.38-m.skwarcow","DOIUrl":"https://doi.org/10.26399/iusnovum.v16.4.2022.38-m.skwarcow","url":null,"abstract":"Summary The aim of the article is to show the problems related to the application of interviewing an adult victim in cases of offenses against his sexual freedom, which evidentiary activity is regulated in Art. 185 of the CCP. This provision has to reconcile two opposing reasons – protection of the aggrieved party and avoidance double victimization and providing the accused with a guarantee of his interests, especially the rights of a defense lawyer to participate in questioning. A great contribution to making considerations on the meaning of the commented regulation is the judgment of the Supreme Court of June 29, 2022, in the case III KK 202/21, which was issued after the recognition of the cassation appeal of the defender of the accused. In the case, the Supreme Court, weighing the cassation charges, decided that refusal by the appellate court of the request for rehearing the aggrieved party, in a situation where their hearing in the course of the proceedings preparatory proceedings took place not only in the absence of the accused, but also under the absence of his counsel constitutes a significant violation of the accused’s right to defense. This is because the accused has no way of getting filed in this mode, the statements should be verified from the point of view of their credibility. The ruling of the Supreme Court should be considered as accurate, especially as it was reached in extending the right to use the assistance of a defense lawyer also in relation to the person as to which has not yet been ordered to present the charges but do exist while for it there are reasonable grounds that, as a result of the hearing, it will become a suspect.","PeriodicalId":33501,"journal":{"name":"Ius Novum","volume":"16 1","pages":"73 - 89"},"PeriodicalIF":0.0,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41864498","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-12-01DOI: 10.26399/iusnovum.v16.4.2022.34-c.kakol
Cezary Kąkol
Summary The main scientific aim of the article is to present and analyse the amendment of 14 October 2021 to the prerequisites of disfranchisement laid down in Article 40 § 2 CC. The initial considerations focus on the essence and significance of the aforementioned penal measure in the system of penal measures determined in Criminal Code. The article presents the legal state before the amendment and the reasons for the amendment presented by the authors of the bill. As concerns the change of law within the scope of prerequisites of disfranchisement, the article tries to confront the mutual relationships of the present prerequisites. The considerations made it possible to formulate a series of critical conclusions concerning the legislative changes introduced and constituted and impulse to put forward a proposal de lege ferenda.
{"title":"New Approach to the Prerequisites of Disfranchisement in the Light of Criminal Code of 1997","authors":"Cezary Kąkol","doi":"10.26399/iusnovum.v16.4.2022.34-c.kakol","DOIUrl":"https://doi.org/10.26399/iusnovum.v16.4.2022.34-c.kakol","url":null,"abstract":"Summary The main scientific aim of the article is to present and analyse the amendment of 14 October 2021 to the prerequisites of disfranchisement laid down in Article 40 § 2 CC. The initial considerations focus on the essence and significance of the aforementioned penal measure in the system of penal measures determined in Criminal Code. The article presents the legal state before the amendment and the reasons for the amendment presented by the authors of the bill. As concerns the change of law within the scope of prerequisites of disfranchisement, the article tries to confront the mutual relationships of the present prerequisites. The considerations made it possible to formulate a series of critical conclusions concerning the legislative changes introduced and constituted and impulse to put forward a proposal de lege ferenda.","PeriodicalId":33501,"journal":{"name":"Ius Novum","volume":"16 1","pages":"7 - 22"},"PeriodicalIF":0.0,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41908887","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-12-01DOI: 10.26399/iusnovum.v16.4.2022.42-a.kania-chramega
Agnieszka Kania-Chramęga
Summary The article aims to analyse disciplinary penalties that can be imposed on a student for disciplinary offences, as well as to draw attention to a controversial issue of indicating determinants of their imposition. The doubts presented in the article that concern the ‘disciplining’ nature of some disciplinary penalties (and even uselessness of one of them) justify de lege ferenda the need to remodel the present catalogue of them. Having noticed that the legislator did not decide to directly determine recommendations for shaping disciplinary penalties for students in the provisions of Act of 1 July 2018: Law on higher education and science, the author presents the opinion that in order to make it possible (for members of the adjudicating panel of a disciplinary commission and sometimes also a rector) to avoid accusations of inevitable arbitrariness in the matter, it would be necessary to make reference to relevant provisions of Criminal Code.
{"title":"Legislative (IM)Perfection of Regulations on Student Disciplinary Penalties","authors":"Agnieszka Kania-Chramęga","doi":"10.26399/iusnovum.v16.4.2022.42-a.kania-chramega","DOIUrl":"https://doi.org/10.26399/iusnovum.v16.4.2022.42-a.kania-chramega","url":null,"abstract":"Summary The article aims to analyse disciplinary penalties that can be imposed on a student for disciplinary offences, as well as to draw attention to a controversial issue of indicating determinants of their imposition. The doubts presented in the article that concern the ‘disciplining’ nature of some disciplinary penalties (and even uselessness of one of them) justify de lege ferenda the need to remodel the present catalogue of them. Having noticed that the legislator did not decide to directly determine recommendations for shaping disciplinary penalties for students in the provisions of Act of 1 July 2018: Law on higher education and science, the author presents the opinion that in order to make it possible (for members of the adjudicating panel of a disciplinary commission and sometimes also a rector) to avoid accusations of inevitable arbitrariness in the matter, it would be necessary to make reference to relevant provisions of Criminal Code.","PeriodicalId":33501,"journal":{"name":"Ius Novum","volume":"16 1","pages":"151 - 167"},"PeriodicalIF":0.0,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45095062","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-12-01DOI: 10.26399/iusnovum.v16.4.2022.39-r.a.stefanski
Ryszard A. Stefański
Summary The article is of a scientific and research nature, and its subject is an analysis of the resolutions and decisions of the Supreme Court Criminal Chamber in the field of procedural criminal law issued in 2021, as a result of the examination of the so-called legal questions. The subject of the considerations are: the absence of a public prosecutor at the main hearing and his conviction without taking evidence proceedings (Article 387 § 2 of the CCP), a complaint against the decision of the appellate court to revoke a preventive measure (Article 426 § 2 of the CCP), the conditions for deciding by the highest court of legal issues (Article 441 § 1 of the CCP), compensation for undoubtedly unjustified temporary arrest or detention (Article 552 § 4 of the CCP), reimbursement of the costs of appointing a defense attorney (Article 632 (2) of the CCP), funds in a bank account as material evidence (Article 86 (13) of the Act on Counteracting Money Laundering and Terrorism Financing, Article 106a of the Banking Act), proceedings under the existing provisions (Article 25 (3) of the Act of 11 March 2016 amending the Act – the Code of Criminal Procedure and certain other acts), presentation to the Supreme Court to resolve legal issues (Article 82 § 1 and Article 83 § 1 of the Act on the Court of above). The research basically aims to evaluate the legitimacy of this body’s interpretation of the regulations covering the legal issues referred to the Supreme Court for resolution. The main research theses consist in showing that the so-called legal questions referred to the Supreme Court play an important role in ensuring the uniformity of common and military courts’ judgements because the body’s stand is based on in-depth reasoning. The research findings are original in nature as they creatively develop the interpretation contained in the resolutions analysed. The range of the research is mainly national. The article is especially important for science because it contains a deepened dogmatic analysis and a big load of theoretical thought as well as it is practically useful as it enriches the Supreme Court’s arguments or refers to circumstances justifying different opinions.
{"title":"Review of the Resolutions of the Supreme Court Criminal Chamber Concerning Substantive and Procedural Criminal Law in 2021","authors":"Ryszard A. Stefański","doi":"10.26399/iusnovum.v16.4.2022.39-r.a.stefanski","DOIUrl":"https://doi.org/10.26399/iusnovum.v16.4.2022.39-r.a.stefanski","url":null,"abstract":"Summary The article is of a scientific and research nature, and its subject is an analysis of the resolutions and decisions of the Supreme Court Criminal Chamber in the field of procedural criminal law issued in 2021, as a result of the examination of the so-called legal questions. The subject of the considerations are: the absence of a public prosecutor at the main hearing and his conviction without taking evidence proceedings (Article 387 § 2 of the CCP), a complaint against the decision of the appellate court to revoke a preventive measure (Article 426 § 2 of the CCP), the conditions for deciding by the highest court of legal issues (Article 441 § 1 of the CCP), compensation for undoubtedly unjustified temporary arrest or detention (Article 552 § 4 of the CCP), reimbursement of the costs of appointing a defense attorney (Article 632 (2) of the CCP), funds in a bank account as material evidence (Article 86 (13) of the Act on Counteracting Money Laundering and Terrorism Financing, Article 106a of the Banking Act), proceedings under the existing provisions (Article 25 (3) of the Act of 11 March 2016 amending the Act – the Code of Criminal Procedure and certain other acts), presentation to the Supreme Court to resolve legal issues (Article 82 § 1 and Article 83 § 1 of the Act on the Court of above). The research basically aims to evaluate the legitimacy of this body’s interpretation of the regulations covering the legal issues referred to the Supreme Court for resolution. The main research theses consist in showing that the so-called legal questions referred to the Supreme Court play an important role in ensuring the uniformity of common and military courts’ judgements because the body’s stand is based on in-depth reasoning. The research findings are original in nature as they creatively develop the interpretation contained in the resolutions analysed. The range of the research is mainly national. The article is especially important for science because it contains a deepened dogmatic analysis and a big load of theoretical thought as well as it is practically useful as it enriches the Supreme Court’s arguments or refers to circumstances justifying different opinions.","PeriodicalId":33501,"journal":{"name":"Ius Novum","volume":"16 1","pages":"90 - 115"},"PeriodicalIF":0.0,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43829308","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-12-01DOI: 10.26399/iusnovum.v16.4.2022.40-sieradzka-krol-calkowska
J. Król-Całkowska, Małgorzata Sieradzka
Summary The use of legal highs increases risks in the area of public health in Poland. The law provides for criminal liability for possession as well as the trade of NSP, however, it does not provide for the compulsion of treatment for addicts. The material used as a starting point for a practical presentation of the discussed issues was statistical data on the intake of “legal highs” in Poland in the years 2015–2017, including the number of deaths caused by their use. The authors also conducted a study in the form of analysis of data contained in individual medical records of patients hospitalized in the Acute Poisoning Department of J. Nofer Institute of Occupational Medicine in Lodz due to the consumption of new psychoactive substances. The paper uses the method of analysis of the existing legal regulations, referring at the same time to the doctrine of law and the emerging line of jurisprudence. The analysis of the legitimacy of the introduction of compulsory treatment mechanisms for people returning to the use of designer drugs shows the tendency of their cyclical use by patients of the acute poisoning department IMP in Lodz. In connection with the number of legal highs poisonings in Poland, it is necessary to introduce legal algorithms of conduct concerning the obligation to treat persons using designer drugs harmfully and persons addicted to them. Legal highs, compulsory treatment, new psychoactive substances, legal highs poisoning, protection of public health.
{"title":"Legal Regulations as a factor in Minimising the Risk of a Return to Using New Psychoactive Drugs","authors":"J. Król-Całkowska, Małgorzata Sieradzka","doi":"10.26399/iusnovum.v16.4.2022.40-sieradzka-krol-calkowska","DOIUrl":"https://doi.org/10.26399/iusnovum.v16.4.2022.40-sieradzka-krol-calkowska","url":null,"abstract":"Summary The use of legal highs increases risks in the area of public health in Poland. The law provides for criminal liability for possession as well as the trade of NSP, however, it does not provide for the compulsion of treatment for addicts. The material used as a starting point for a practical presentation of the discussed issues was statistical data on the intake of “legal highs” in Poland in the years 2015–2017, including the number of deaths caused by their use. The authors also conducted a study in the form of analysis of data contained in individual medical records of patients hospitalized in the Acute Poisoning Department of J. Nofer Institute of Occupational Medicine in Lodz due to the consumption of new psychoactive substances. The paper uses the method of analysis of the existing legal regulations, referring at the same time to the doctrine of law and the emerging line of jurisprudence. The analysis of the legitimacy of the introduction of compulsory treatment mechanisms for people returning to the use of designer drugs shows the tendency of their cyclical use by patients of the acute poisoning department IMP in Lodz. In connection with the number of legal highs poisonings in Poland, it is necessary to introduce legal algorithms of conduct concerning the obligation to treat persons using designer drugs harmfully and persons addicted to them. Legal highs, compulsory treatment, new psychoactive substances, legal highs poisoning, protection of public health.","PeriodicalId":33501,"journal":{"name":"Ius Novum","volume":"16 1","pages":"116 - 133"},"PeriodicalIF":0.0,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48049276","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-12-01DOI: 10.26399/iusnovum.v16.4.2022.45-m.galazka
M. Gałązka
Summary The paper presents the critical commentary on the judgment, in which the Supreme Court classified unlawfull disposals of a co-owned item commited by a co-owner as misappropriation of someone else’s movable item. The legal assessment carried out by the Supreme Court can hardly be approved, as it is based on a widespread and yet incorrect interpretation of the concept of someone else’s item, considering it to be someone else’s property in relation to its co-owner. The behaviour in question fulfils rather the features of misappropriation of property right in the form of another co-owner’s participation in co-ownership. The Supreme Court partially based its assessment on the reasons justifying the latter legal qualification, however did not draw proper conclusions therefrom and did not decide to depart from the dominant case-law opinion.
{"title":"Gloss on the Supreme Court Judgment of 3 February 2021, III KK 561/19","authors":"M. Gałązka","doi":"10.26399/iusnovum.v16.4.2022.45-m.galazka","DOIUrl":"https://doi.org/10.26399/iusnovum.v16.4.2022.45-m.galazka","url":null,"abstract":"Summary The paper presents the critical commentary on the judgment, in which the Supreme Court classified unlawfull disposals of a co-owned item commited by a co-owner as misappropriation of someone else’s movable item. The legal assessment carried out by the Supreme Court can hardly be approved, as it is based on a widespread and yet incorrect interpretation of the concept of someone else’s item, considering it to be someone else’s property in relation to its co-owner. The behaviour in question fulfils rather the features of misappropriation of property right in the form of another co-owner’s participation in co-ownership. The Supreme Court partially based its assessment on the reasons justifying the latter legal qualification, however did not draw proper conclusions therefrom and did not decide to depart from the dominant case-law opinion.","PeriodicalId":33501,"journal":{"name":"Ius Novum","volume":"16 1","pages":"189 - 202"},"PeriodicalIF":0.0,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43873743","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-12-01DOI: 10.26399/iusnovum.v16.4.2022.37-j.kluza
J. Kluza
Summary Due to the amendment, which entered into force on January 1, 2022, a number of provisions in Chapter XI of Misdemeanour Code concerning safety and order in communication were significantly changed. The legislator decided to introduce new types of prohibited acts and significantly increased the amount of the fine for certain offenses. These changes are revolutionary, which is also associated with controversy. This is because some of the changes made raise doubts due to the higher degree of their repression, which makes the punishability of certain offenses disproportionate in relation to similar crimes under the Penal Code. This issue will be presented later in the article.
{"title":"Amendment to Misdemeanour Code Concerning Offences Against Security and Order in Traffic","authors":"J. Kluza","doi":"10.26399/iusnovum.v16.4.2022.37-j.kluza","DOIUrl":"https://doi.org/10.26399/iusnovum.v16.4.2022.37-j.kluza","url":null,"abstract":"Summary Due to the amendment, which entered into force on January 1, 2022, a number of provisions in Chapter XI of Misdemeanour Code concerning safety and order in communication were significantly changed. The legislator decided to introduce new types of prohibited acts and significantly increased the amount of the fine for certain offenses. These changes are revolutionary, which is also associated with controversy. This is because some of the changes made raise doubts due to the higher degree of their repression, which makes the punishability of certain offenses disproportionate in relation to similar crimes under the Penal Code. This issue will be presented later in the article.","PeriodicalId":33501,"journal":{"name":"Ius Novum","volume":"16 1","pages":"57 - 72"},"PeriodicalIF":0.0,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46535079","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-09-01DOI: 10.26399/iusnovum.v16.3.2022.28-p.buczkowski
Przemysław Buczkowski
Summary The purpose of this study was to analyse and assess the accuracy and completeness of the solutions introduced to the provisions of the Civil Code under the amendment of December 2, 2021 in the scope regarding the effects of mediation and submitting an invitation to a settlement attempt for the running of the limitation period for claims. The paper presents the leading views of science and judicature presented before the amendment which formed a basis for further considerations regarding the amended law. The analysis carried out with the use of the formal-dogmatic method made it possible to confirm the hypothesis about the accuracy and completeness of the amendment in regard with the issue concerning invitation to a settlement attempt. The legal norm introduced into the provisions of the Civil Code is exhaustive and allows a precise determination of the period for which the limitation period is suspended. The opposite conclusion can be drawn from the analysis of the solution to the issue of the effects of submitting a request for mediation. In this case, the regulation provided for by the legislator does not provide a sufficient answer to the question of when the period of suspension of the limitation period commences and ends. Thus, there is no precise regulation that would dispel doubts as to what specific circumstances determine the suspension of the limitation period.
{"title":"Suspension of the Limitation Period in Civil Law in the Light of the Amendment of December, 2021","authors":"Przemysław Buczkowski","doi":"10.26399/iusnovum.v16.3.2022.28-p.buczkowski","DOIUrl":"https://doi.org/10.26399/iusnovum.v16.3.2022.28-p.buczkowski","url":null,"abstract":"Summary The purpose of this study was to analyse and assess the accuracy and completeness of the solutions introduced to the provisions of the Civil Code under the amendment of December 2, 2021 in the scope regarding the effects of mediation and submitting an invitation to a settlement attempt for the running of the limitation period for claims. The paper presents the leading views of science and judicature presented before the amendment which formed a basis for further considerations regarding the amended law. The analysis carried out with the use of the formal-dogmatic method made it possible to confirm the hypothesis about the accuracy and completeness of the amendment in regard with the issue concerning invitation to a settlement attempt. The legal norm introduced into the provisions of the Civil Code is exhaustive and allows a precise determination of the period for which the limitation period is suspended. The opposite conclusion can be drawn from the analysis of the solution to the issue of the effects of submitting a request for mediation. In this case, the regulation provided for by the legislator does not provide a sufficient answer to the question of when the period of suspension of the limitation period commences and ends. Thus, there is no precise regulation that would dispel doubts as to what specific circumstances determine the suspension of the limitation period.","PeriodicalId":33501,"journal":{"name":"Ius Novum","volume":"16 1","pages":"91 - 109"},"PeriodicalIF":0.0,"publicationDate":"2022-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44743950","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-09-01DOI: 10.26399/iusnovum.v16.3.2022.26-a.grochowska-wasilewska
Anna Grochowska-Wasilewska
Summary According to the well-established Supreme Court’s case law, the civil court is entitled to determine independently whether a tort constitutes a criminal offence even in the absence of a final judgement of conviction. This opinion was expressed by the Supreme Court for the purpose of applying the extended limitation period under Article 4421 § 2 of the Civil Code for claims for a tort that is a crime. The Supreme Court’s statement raises doubts on the grounds of the presumption of innocence. The purpose of this article is firstly to present the standard concerning the scope of the presumption of innocence in civil proceedings, created by the European Court of Human Rights on the basis of Article 6 § 2 of the ECHR, according to which everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law. Then it is the assessment of the compatibility of the Supreme Court’s opinion through the perspective of the Convention standard.
{"title":"The Possibility for a Civil Court to Independently Determine that a Tort is a Crime – Comments in the Light of Case Law of the European Court of Human Rights Regarding Presumption of Innocence","authors":"Anna Grochowska-Wasilewska","doi":"10.26399/iusnovum.v16.3.2022.26-a.grochowska-wasilewska","DOIUrl":"https://doi.org/10.26399/iusnovum.v16.3.2022.26-a.grochowska-wasilewska","url":null,"abstract":"Summary According to the well-established Supreme Court’s case law, the civil court is entitled to determine independently whether a tort constitutes a criminal offence even in the absence of a final judgement of conviction. This opinion was expressed by the Supreme Court for the purpose of applying the extended limitation period under Article 4421 § 2 of the Civil Code for claims for a tort that is a crime. The Supreme Court’s statement raises doubts on the grounds of the presumption of innocence. The purpose of this article is firstly to present the standard concerning the scope of the presumption of innocence in civil proceedings, created by the European Court of Human Rights on the basis of Article 6 § 2 of the ECHR, according to which everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law. Then it is the assessment of the compatibility of the Supreme Court’s opinion through the perspective of the Convention standard.","PeriodicalId":33501,"journal":{"name":"Ius Novum","volume":"16 1","pages":"63 - 78"},"PeriodicalIF":0.0,"publicationDate":"2022-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49271056","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-09-01DOI: 10.26399/iusnovum.v16.3.2022.29-a.kunert-diallo
Agnieszka Kunert-Diallo
Summary Liberalization of air transport services and changes in the external transportation policy of the EU caused that the economic regulation of the market is also changing. As a result, the standards that are in force based on bilateral agreements and laying down restrictive attitude towards access to the market of air transport are breached. The scope of regulations covered in international aviation agreements is also widened by the addition of issues that were subject to those agreements to a limited extent if at all. The article analyses those changes and evaluates them from the perspective of the regulation of access to aviation services among various states’ economies.
{"title":"Economic Regulation of Air Transport in the Light of the Changing Legal Environment","authors":"Agnieszka Kunert-Diallo","doi":"10.26399/iusnovum.v16.3.2022.29-a.kunert-diallo","DOIUrl":"https://doi.org/10.26399/iusnovum.v16.3.2022.29-a.kunert-diallo","url":null,"abstract":"Summary Liberalization of air transport services and changes in the external transportation policy of the EU caused that the economic regulation of the market is also changing. As a result, the standards that are in force based on bilateral agreements and laying down restrictive attitude towards access to the market of air transport are breached. The scope of regulations covered in international aviation agreements is also widened by the addition of issues that were subject to those agreements to a limited extent if at all. The article analyses those changes and evaluates them from the perspective of the regulation of access to aviation services among various states’ economies.","PeriodicalId":33501,"journal":{"name":"Ius Novum","volume":"16 1","pages":"110 - 129"},"PeriodicalIF":0.0,"publicationDate":"2022-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43292016","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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