Pobierz plik (Kmieciak.pdf)Kmieciak.pdf232 kB

The Legal and Psychiatric Context
of the Post Penal Detention
of Dangerous Individuals

The author describes the problem of the post penal detention of dangerous individuals
with so-called “unsound minds”. The problem is considered from both
the legal and psychiatric perspective. The article presents alternative points in
the intense discussion about solutions to the consequences of the Amnesty Act of
1989, but the perspective of the author (a lawyer with experience working in health
services) makes it an important contribution to the debate on the constitutionality
of the newly enacted law regarding dangerous individuals.

Pobierz plik (Szczucki.pdf)Szczucki.pdf182 kB

The Practice of Making an Interpretation
in a Constitutional Context. The Example
of Stalking

When introducing a new type of criminal offence, i.e making the decision to criminalize
something or to modify the present regulations, the lawmaker is obliged
to take into account the constitutional context. In consequence, it means that
the lawmaker must indicate the values, colliding with themselves, related to the
planned regulation. Next, keeping the rule of proportionality in mind, the norm
should be made in such a way that corresponds to and fits to the system of values
expressed in the Constitution of Poland. The aim of this article is to show the practical
aspect of proconstitutional interpretation in Polish criminal law based on
the example of a new type of criminal offence that is on the example of stalking.

Pobierz plik (Sroka-6 2013.pdf)Sroka-6 2013.pdf217 kB

Disciplinary Liability in the Light of
Article 42 of the Constitution and the
Principle of Nullum Crimen Sine Lege

The author analyzes disciplinary liability in the light of the legal principle of
nullum crimen sine lege. Although it is not exactly a criminal liability, it is severe
enough to be read on the grounds of article 42 of the Constitution of the Republic
of Poland. It raises the question of the constitutional standard of this branch of
law. In this article, the author compares the standards of criminal liability sensu
stricto, and disciplinary liability, bearing in mind decisions and interpretation
the Constitutional Tribunal.