Pub Date : 2021-12-31DOI: 10.5604/01.3001.0015.6045
Ilona Fajfer-Kruczek
Norway is one of the countries with a developed probation system. The purpose of this article is to review legal acts and literature, which is the basis for the general characteristics and specifics of this system, especially for minors. The example of Norwegian solutions may inspire the integration of social welfare, mediation and custodian courts activities. It may also indicate certain risks, especially in solutions concerning children and adolescents.
{"title":"OUTLINE OF THE PROBATION SYSTEM IN NORWAY\u0000IN THE CONTEXT OF MINORS","authors":"Ilona Fajfer-Kruczek","doi":"10.5604/01.3001.0015.6045","DOIUrl":"https://doi.org/10.5604/01.3001.0015.6045","url":null,"abstract":"Norway is one of the countries with a developed probation system. The purpose of this article is to review legal acts and literature, which is the basis for the general characteristics and specifics of this system, especially for minors. The example of Norwegian solutions may inspire the integration of social welfare, mediation and custodian courts activities. It may also indicate certain risks, especially in solutions concerning children and adolescents.\u0000\u0000","PeriodicalId":34028,"journal":{"name":"Probacja","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46306701","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 : 2021-12-31DOI: 10.5604/01.3001.0015.6043
Anna Janus-Dębska
The tasks of the probation officer who execute judgments in criminal matters, resulting from the Executive Penal Code, include, inter alia, control of the execution by the convict of probation duties imposed by a court judgment. Their aim is to educate and prevent the return to crime. In connection with the supervision of the performance of duties during the trial period without adjudicated supervision, probation officers have a number of tasks that are discussed in this article. It also addresses issues raised by probation officers in the scope in which the implementing provisions do not directly specify the obligations of this professional group.
{"title":"THE TASKS OF A PROBATION OFFICER RELATED\u0000TO THE MONITORING OF PERFORMANCE OF\u0000PROBATIONAL OBLIGATIONS DURING THE TRIAL\u0000PERIOD IN “O” CASES","authors":"Anna Janus-Dębska","doi":"10.5604/01.3001.0015.6043","DOIUrl":"https://doi.org/10.5604/01.3001.0015.6043","url":null,"abstract":"The tasks of the probation officer who execute judgments in criminal\u0000matters, resulting from the Executive Penal Code, include, inter alia, control\u0000of the execution by the convict of probation duties imposed by a court\u0000judgment. Their aim is to educate and prevent the return to crime. In connection\u0000with the supervision of the performance of duties during the trial\u0000period without adjudicated supervision, probation officers have a number\u0000of tasks that are discussed in this article. It also addresses issues raised\u0000by probation officers in the scope in which the implementing provisions\u0000do not directly specify the obligations of this professional group.\u0000\u0000","PeriodicalId":34028,"journal":{"name":"Probacja","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42099537","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 : 2021-12-31DOI: 10.5604/01.3001.0015.6046
Mieczysław Oliwa
This article discusses the issues related to the possible causes of mobbing in the professional group of probation officers and the issues of tasks and activities of the probation officer employer in situations related to the phenomenon of mobbing in the probation officer service. Due to the special position of probation in the administration of justice, the author focuses on the tasks of presidents of regional and district courts aimed at counteracting the phenomenon of mobbing. It refers to activities that seem advisable in the event of the initiation of appropriate proceedings and remedial actions in the event of confirmation of mobbing. The issue of mobbing in the probation service has not been covered by a broader analysis so far. The aim of this study was to indicate the tasks incumbent on the presidents of courts as persons performing the tasks of the employer towards the probation officer, related to counteracting the phenomenon of mobbing. It cannot be ruled out that the variety and specificity of tasks entrusted to probation officers, the nature of these tasks and the structure of the location of this group in the structure of the judiciary may cause doubts as to the implementation of tasks related to counteracting mobbing.
{"title":"COUNTERACTING MOBBING IN THE PROBATION\u0000SERVICE","authors":"Mieczysław Oliwa","doi":"10.5604/01.3001.0015.6046","DOIUrl":"https://doi.org/10.5604/01.3001.0015.6046","url":null,"abstract":"This article discusses the issues related to the possible causes of mobbing\u0000in the professional group of probation officers and the issues of tasks and\u0000activities of the probation officer employer in situations related to the phenomenon\u0000of mobbing in the probation officer service. Due to the special\u0000position of probation in the administration of justice, the author focuses on\u0000the tasks of presidents of regional and district courts aimed at counteracting\u0000the phenomenon of mobbing. It refers to activities that seem advisable in\u0000the event of the initiation of appropriate proceedings and remedial actions\u0000in the event of confirmation of mobbing. The issue of mobbing in the probation\u0000service has not been covered by a broader analysis so far. The aim of\u0000this study was to indicate the tasks incumbent on the presidents of courts as\u0000persons performing the tasks of the employer towards the probation officer,\u0000related to counteracting the phenomenon of mobbing. It cannot be ruled\u0000out that the variety and specificity of tasks entrusted to probation officers,\u0000the nature of these tasks and the structure of the location of this group in\u0000the structure of the judiciary may cause doubts as to the implementation of\u0000tasks related to counteracting mobbing.\u0000\u0000","PeriodicalId":34028,"journal":{"name":"Probacja","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41806712","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 : 2021-12-31DOI: 10.5604/01.3001.0015.6042
Piotr Rogoziński
The author discusses the role of documentary evidence in the form of the background survey in criminal proceedings. He also examines the possibilities and scope of verification of its content by interviewing as witnesses the person who conducted the evidence and the persons who provided information as part of the background survey. He emphasizes that it is justified in this case – in the context of the principle expressed in Art. 174 of the Code of Criminal Procedure – different approach to admitting and taking evidence from the testimonies of witnesses on the circumstances covered by the background survey. The article attempts to select typical cases in which it would be advisable to admit evidence from the testimonies of witnesses for the circumstances identified through the background survey.
{"title":"A FEW REMARKS REGARDING EVIDENCE\u0000FROM THE INTERROGATION OF A WITNESS\u0000IN CONNECTION WITH THE SUBJECT OF\u0000A COMMUNITY INTERVIEW CONDUCTED IN\u0000A CRIMINAL CASE (ARTICLES 214 OF THE CODE OF\u0000CRIMINAL PROCEDURE)","authors":"Piotr Rogoziński","doi":"10.5604/01.3001.0015.6042","DOIUrl":"https://doi.org/10.5604/01.3001.0015.6042","url":null,"abstract":"The author discusses the role of documentary evidence in the form\u0000of the background survey in criminal proceedings. He also examines the\u0000possibilities and scope of verification of its content by interviewing as\u0000witnesses the person who conducted the evidence and the persons who\u0000provided information as part of the background survey. He emphasizes\u0000that it is justified in this case – in the context of the principle expressed in\u0000Art. 174 of the Code of Criminal Procedure – different approach to admitting\u0000and taking evidence from the testimonies of witnesses on the\u0000circumstances covered by the background survey. The article attempts\u0000to select typical cases in which it would be advisable to admit evidence\u0000from the testimonies of witnesses for the circumstances identified through\u0000the background survey.\u0000\u0000","PeriodicalId":34028,"journal":{"name":"Probacja","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42058840","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 : 2021-12-31DOI: 10.5604/01.3001.0015.6041
Piotr Zakrzewski
The article discusses the conditions for the emergency receipt of animal from the owner in accordance with Art. 7 sec. 3 of the Act of August 21, 1997 on the protection of animals and indicates the need to enrich them with the premises for excluding criminal liability under Art. 26 § 5 of the Penal Code. The main research problems of the study are the premises of the proper and legal emergency receipt of animal from the owner within the meaning of Art. 7 sec. 3 of the Act, including an indication of when such behaviour is legal and when it is illegal, and a detailed specification of the scope of responsibilities of the person who performs the collection of the animal towards the owner of the received animal. According to Art. 217 of the Code of Criminal Procedure in connection with Art. 220 of the Code of Criminal Procedure only law enforcement agencies, including the prosecutor, police officers and other bodies authorized by the law, may search the apartment / land. Authorized representatives of a social organization whose statutory purpose is to protect animals do not have this competence, therefore they are required to cooperate with police officers in the scope of searches. The article shows that in the event of the emergency receipt of animal from the owner in accordance with Art. 7 sec. 3 of the Act, in the absence of Police officers and with the opposition of the owner of the apartment / land, there is no violation of the legal interest of protection of the home if the perpetrator acts in accordance with the principle of subsidiarity and the principle of proportionality underlying Art. 26 § 5 of the Criminal Code.
{"title":"GROUNDS FOR ANIMAL RESCUE PURSUANT\u0000TO ARTICLE 7(3) OF THE ANIMAL PROTECTION\u0000ACT OF 21 AUGUST 1997 IN REGARD TO THE\u0000INSTITUTION OF A COLLISION OF DUTIES UNDER\u0000ARTICLE 26 § 5 OF THE CRIMINAL CODE","authors":"Piotr Zakrzewski","doi":"10.5604/01.3001.0015.6041","DOIUrl":"https://doi.org/10.5604/01.3001.0015.6041","url":null,"abstract":"The article discusses the conditions for the emergency receipt of animal from the owner in accordance with Art. 7 sec. 3 of the Act of August 21, 1997 on the protection of animals and indicates the need to enrich them with the premises for excluding criminal liability under Art. 26 § 5 of the Penal Code. The main research problems of the study are the premises of the proper and legal emergency receipt of animal from the owner within the meaning of Art. 7 sec. 3 of the Act, including an indication of when such behaviour is legal and when it is illegal, and a detailed specification of the scope of responsibilities of the person who performs the collection of the animal towards the owner of the received animal. According to Art. 217 of the Code of Criminal Procedure in connection with Art. 220 of the Code of Criminal Procedure only law enforcement agencies, including the prosecutor, police officers and other bodies authorized by the law, may search the apartment / land. Authorized representatives of a social organization whose statutory purpose is to protect animals do not have this competence, therefore they are required to cooperate with police officers in the scope of searches. The article shows that in the event of the emergency receipt of animal from the owner in accordance with Art. 7 sec. 3 of the Act, in the absence of Police officers and with the opposition of the owner of the apartment / land, there is no violation of the legal interest of protection of the home if the perpetrator acts in accordance with the principle of subsidiarity and the principle of proportionality underlying Art. 26 § 5 of the Criminal Code.\u0000\u0000","PeriodicalId":34028,"journal":{"name":"Probacja","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47332432","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 : 2021-12-31DOI: 10.5604/01.3001.0015.6047
Erwin Ryter
The article presents content related to the assessment of the usefulness of video monitoring for the identification of perpetrators of homicides as well as qualifying it as an important element of crime prevention. It presents the impact of the growing tendency of mass use of public space monitoring systems on the increased sense of security and control over situations which may threaten society. Moreover, the issues related to a perpetrator’s awareness of the inevitability of preserving their image by means of visual monitoring and its impact on the manner of their conduct as well as the possible withdrawal from committing a prohibited act have been signalled. The article also attempts to explain the reasons for the long-term impunity of some killers from the 1960s to the 1980s in relation to the lack of certain technological solutions, and especially the lack of video surveillance in areas where it is commonly used today. The article also covers the current legal solutions allowing for the legitimate collection of images from video monitoring, including those related to the protection of personal data in connection with the processing of images of the perpetrator.
{"title":"ANALYSIS OF THE USEFULNESS OF VIDEO\u0000MONITORING RECORDS FOR THE PURPOSES OF\u0000IDENTIFYING THE PERPETRATORS OF HOMICIDES","authors":"Erwin Ryter","doi":"10.5604/01.3001.0015.6047","DOIUrl":"https://doi.org/10.5604/01.3001.0015.6047","url":null,"abstract":"The article presents content related to the assessment of the usefulness of video monitoring for the identification of perpetrators of homicides as well as qualifying it as an important element of crime prevention. It presents the impact of the growing tendency of mass use of public space monitoring systems on the increased sense of security and control over situations which may threaten society. Moreover, the issues related to a perpetrator’s awareness of the inevitability of preserving their image by means of visual monitoring and its impact on the manner of their conduct as well as the possible withdrawal from committing a prohibited act have been signalled. The article also attempts to explain the reasons for the long-term impunity of some killers from the 1960s to the 1980s in relation to the lack of certain technological solutions, and especially the lack of video surveillance in areas where it is commonly used today. The article also covers the current legal solutions allowing for the legitimate collection of images from video monitoring, including those related to the protection of personal data in connection with the processing of images of the perpetrator.\u0000\u0000","PeriodicalId":34028,"journal":{"name":"Probacja","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45852175","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 : 2021-09-30DOI: 10.5604/01.3001.0015.2710
M. Osińska
The effectiveness of social rehabilitation arouses a plethora of emotions both in the public opinion and in the environments connected with the activities supporting the processes of secondary socialization. This issue is still current and gives rise to emotions, which stems from multiple dilemmas referring to its scope, the factors influencing its level, the possibilities of measuring it, or even the precise definition thereof. In this article the attempt is undertaken to depict the complexity of the evaluation process as regards the effectiveness of social rehabilitation treatments. The review of the criteria allowing for the estimation of social rehabilitation effects is conducted, plus the reference is made to the results of findings over the effectiveness of treatments as carried out by the probation officers for adults, along with the mention of practice.
{"title":"ANALYSIS OF THE EFFECTIVENESS OF SOCIAL\u0000REHABILITATION INTERACTIONS AND THE\u0000POSSIBILITY OF ITS EVALUATION IN THE\u0000CONDITIONS OF PROBATION OFFICERS SERVICE\u0000FOR ADULTS","authors":"M. Osińska","doi":"10.5604/01.3001.0015.2710","DOIUrl":"https://doi.org/10.5604/01.3001.0015.2710","url":null,"abstract":"The effectiveness of social rehabilitation arouses a plethora of emotions both in the public opinion and in the environments connected with the activities supporting the processes of secondary socialization. This issue is still current and gives rise to emotions, which stems from multiple dilemmas referring to its scope, the factors influencing its level, the possibilities of measuring it, or even the precise definition thereof. In this article the attempt is undertaken to depict the complexity of the evaluation process as regards the effectiveness of social rehabilitation treatments. The review of the criteria allowing for the estimation of social rehabilitation effects is conducted, plus the reference is made to the results of findings over the effectiveness of treatments as carried out by the probation officers for adults, along with the mention of practice.\u0000\u0000","PeriodicalId":34028,"journal":{"name":"Probacja","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71285988","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 : 2021-09-30DOI: 10.5604/01.3001.0015.2708
Martyna Piszczek
The crucial aim of this article is to indicate grounds of legal liability connected with situations in which person sentenced to penalty, punitive measure or safeguard measure, within the system of electronic surveillance, violates certain duties. Considerations concerning the aforementioned issues are preceded by the analysis on the essence of the electronic surveillance, reasons for its implementation into the applicable legal system and means of its usage related to legal instruments of penal reaction to perpetrator’s behavior. Moreover, author of the article analyses legal character of the prison sentence performed with the usage of electronic surveillance. This constitutes starting point for answering practically important question: whether leaving the place of performing prison sentence within the system of electronic surveillance can be qualified as the offence of self-release, determined in art. 242 § 1 of the Criminal Code. At the end of the article, author presents de lege ferenda postulates concerning normative solution related to the legal ground of qualifying behaviors consisting in avoiding electronic surveillance.
{"title":"CRIMINAL LIABILITY RELATED\u0000TO THE SYSTEM OF ELECTRONIC SURVEILLANCE\u0000AND CIRCUMSTANCES IN WHICH SENTENCED\u0000PERSON AVOIDS PERFORMING DUTIES ORDERED\u0000BY THE COURT","authors":"Martyna Piszczek","doi":"10.5604/01.3001.0015.2708","DOIUrl":"https://doi.org/10.5604/01.3001.0015.2708","url":null,"abstract":"The crucial aim of this article is to indicate grounds of legal liability connected with situations in which person sentenced to penalty, punitive measure or safeguard measure, within the system of electronic surveillance, violates certain duties. Considerations concerning the aforementioned issues are preceded by the analysis on the essence of the electronic surveillance, reasons for its implementation into the applicable legal system and means of its usage related to legal instruments of penal reaction to perpetrator’s behavior. Moreover, author of the article analyses legal character of the prison sentence performed with the usage of electronic surveillance. This constitutes starting point for answering practically important question: whether leaving the place of performing prison sentence within the system of electronic surveillance can be qualified as the offence of self-release, determined in art. 242 § 1 of the Criminal Code. At the end of the article, author presents de lege ferenda postulates concerning normative solution related to the legal ground of qualifying behaviors consisting in avoiding electronic surveillance.\u0000\u0000","PeriodicalId":34028,"journal":{"name":"Probacja","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48184436","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 : 2021-09-30DOI: 10.5604/01.3001.0015.2711
Konrad Burdziak
The text verifies the hypotheses that exploiting the human tendency to be consistent and introducing appropriate legal solutions can increase organ donation. The considerations found that there are arguments for the status quo bias (the tendency to be consistent) exists and affects humans. Concurrently, there are multiple rational psychological justifications for this kind of occurrences. Thus, the status quo bias can be exploited for increasing the organ donation, imposing on a person the decision regarding being willing to become an organ donor after their death or not, and count on this person not changing their decision in the future due to the tendency to be consistent. In Poland, such a solution could be introduced by adding the 7th item to the Article 11 section 1 of the Act on Vehicle Operators with the following wording: “declared that they agree or not to the removal of cells, tissues or organs from their corpses for transplantation, or the removal of cells and tissues for transplanting them into another person. The declaration may be changed at any time.”
{"title":"ORGAN DONATION IN THE CONTEXT OF HUMAN\u0000TENDENCY TO BE CONSISTENT. CONSIDERATIONS\u0000WITH REFERENCE TO LAW AND PSYCHOLOGY","authors":"Konrad Burdziak","doi":"10.5604/01.3001.0015.2711","DOIUrl":"https://doi.org/10.5604/01.3001.0015.2711","url":null,"abstract":"The text verifies the hypotheses that exploiting the human tendency to be consistent and introducing appropriate legal solutions can increase organ donation. The considerations found that there are arguments for the status quo bias (the tendency to be consistent) exists and affects humans. Concurrently, there are multiple rational psychological justifications for this kind of occurrences. Thus, the status quo bias can be exploited for increasing the organ donation, imposing on a person the decision regarding being willing to become an organ donor after their death or not, and count on this person not changing their decision in the future due to the tendency to be consistent. In Poland, such a solution could be introduced by adding the 7th item to the Article 11 section 1 of the Act on Vehicle Operators with the following wording: “declared that they agree or not to the removal of cells, tissues or organs from their corpses for transplantation, or the removal of cells and tissues for transplanting them into another person. The declaration may be changed at any time.”\u0000\u0000","PeriodicalId":34028,"journal":{"name":"Probacja","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46481637","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 : 2021-09-30DOI: 10.5604/01.3001.0015.2713
J. Kluza
The article concerns about the issue of the admissibility of a ruling on an application for pre-trial detention in a situation where the period of 24 hours provided for the court from the transfer of the suspect to the court’s disposal has expired. This issue was met with only a few studies in the doctrine, which, however, present positions that present a view different from the author’s. Also in jurisprudence, this problem appears only in a few judicates. This issue is of fundamental importance for the practice of applying pre-trial detention.
{"title":"THE APPLICATION OF PRE-TRIAL DETENTION\u0000AFTER THE EXPIRE OF THE 24-HOUR PERIOD\u0000UNDER ART. 248 § 2 OF THE CODE OF CRIMINAL\u0000PROCEDURE","authors":"J. Kluza","doi":"10.5604/01.3001.0015.2713","DOIUrl":"https://doi.org/10.5604/01.3001.0015.2713","url":null,"abstract":"The article concerns about the issue of the admissibility of a ruling on an application for pre-trial detention in a situation where the period of 24 hours provided for the court from the transfer of the suspect to the court’s disposal has expired. This issue was met with only a few studies in the doctrine, which, however, present positions that present a view different from the author’s. Also in jurisprudence, this problem appears only in a few judicates. This issue is of fundamental importance for the practice of applying pre-trial detention.\u0000\u0000","PeriodicalId":34028,"journal":{"name":"Probacja","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49063655","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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