Numer 6 (50)

The Forced Search and Retrieval of Evidence in Criminal Proceedings Versus Journalist Secrecy

The paper addresses fundamental issues that arise in connection with coercive measures that are applied in criminal proceedings, consisting of search and seizure of the evidence. The author takes into consideration the application of search, seizure, control of correspondence and wiretapping in the context of journalistic secrecy. The article verifies the standards of protection of journalistic secrecy, which should not be the subject of unjustified and excessive infringement. The author reviews provisions of the Code of Criminal Procedure and the Press Law Act in respect of this problem. The defects of normative regulations have been identified and certain improvements and amendments proposed. The general goal of the paper is to postulate a number of solutions that will result from proper decisions made when the concurrent interests and values clash.

Pobierz plik (Koper.pdf)Koper.pdf372 kB

Mergers, Divisions, Transformations and Acquisitions of Companies under the New Act on Liability of Collective Entities

This paper creates a continuation of an analysis of the new regulation of mergers, divisions, transformations and acquisitions of companies under the proposal for the new Act on Liability of Collective Entities for Acts Prohibited under the Penalty. Its scope is concentrated especially on the new regime concerning acquisitions of companies and selected new common threats that the new act creates for every business operation from the sphere of mergers and acquisitions, especially in a situation, where economic condition of one of the companies (the acquiring one) is much better than the other party to the transactions.

Pobierz plik (Pawelec.pdf)Pawelec.pdf316 kB

Crime of the Elderly as a New Problem of Criminal Policy?

This article addresses the problem of crime among the elderly and selected issues that may arise in case of their imprisonment. Research and statistics show that, apart from limiting the number of crimes committed with violence as a consequence of the general weakening of the organism, crimes of older people do not differ fundamentally from crimes of younger people. Therefore, it seems sufficient to apply to the eldery the general requirement of individualization of criminal responsibility instead of creating separate grounds for their liability. In the sphere of reaction to crime, however, especially in case of imprisonment, there are significant problems related to adapting its conditions to the needs of eldery (especially due to the state of their health) in order to avoid any accusation of their inhumane treatment. Polish legal regulations do not differentiate the way in which eldery are treated in prisons. Therefore legal amendments are postulated, that would enable them seeking, after reaching a certain age, the possibility of applying for early release on special conditions and the possibility of adapting the prison regulations to the special needs of such persons.

Pobierz plik (Hryniewicz-Lach.pdf)Hryniewicz-Lach.pdf414 kB

Personal Juridical Acts

The article discusses the issue of personal juridical acts that can not be concluded by an attorney. The work uses, above all, the formal-dogmatic method, as well as comparative and historical-legal method. According to art. 95 § 1 of the Civil Code, the possibility of acting through a proxy is subject to restrictions due to the act and the nature of legal transaction. The restrictions mentioned seem incomplete – they lack the inability to act through a proxy due to another legal act. In the author’s opinion, the nature of the legal transaction should be identified with non-property legal transaction. The article categorized the divisions of personal legal transactions into personal primary and personal secondary as well as personal formally and materially.

Pobierz plik (Pielak.pdf)Pielak.pdf355 kB

The Enactment of Jewish Naturalisation Act of 1753 and the Legal Status of Jewish Immigrants in the 18th Century England

The aim of this paper is to present analysis of the enactment of Jewish Naturalisation Act of 1753. It gives us some insight into several key issues of the legal status of Jewish immigrants in the 18th century England. Firstly, amongst the most of MPs there was mutual agreement that the legal status of English Jews, still rooted in the medieval common law, must be settled by acts of Parliament. Secondly, for the Whig majority the pattern of changes had been set by the naturalisation act of 1740 (Plantation Act), which provisions had not forced Jewish immigrants to take any Christian oaths. Thirdly, there were deep divisions between MPs as to the economic, social, religious and political outcomes of the proposed piece of legislation. Prized by Whigs and considered by the staunch Tories almost as an act of treason, Jewish Naturalisation Act was rejected by the English society. It was too early to make Jews natural born subjects of England.

Pobierz plik (Michalik.pdf)Michalik.pdf366 kB

Commentary to the Sentence of the Court of Appeals in Katowice of October 19, 2017, II AKa 303/17

The subject of the text is a reflection on the interpretation of the conditions for applying impunity clauses from art. 15 § 1 c.c. and art. 297 § 3 c.c., which occurred against the sentence of the Court of Appeal in Katowice. The focus is on dogmatic analysis of the concept of “voluntariness”, which is the subjective condition of the institution of active repentance. The author does not share the position of the appeal which is expressed in the decision. It is justified by the fact that in the realities of the facts there were circumstances allowing establishing premises excluding criminal liability. On the other hand, the argumentation motivating the position chosen does not indicate the exclusion of voluntary referred to in the aforementioned provisions. However, this statement may raise doubts about cases of a more complex nature and thus put an accent on slightly different factors in the court’s argumentation.

Pobierz plik (Blotnicki.pdf)Blotnicki.pdf319 kB

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