Ius Novum最新文献_第6页

Accelerated Proceedings in Criminal Cases Viewed from Comparative Law Perspective 比较法视角下的刑事案件加速诉讼

Ius Novum Pub Date : 2022-06-01 DOI: 10.26399/iusnovum.v16.2.2022.13-j.kosonoga

Jacek Kosonoga

引用次数: 0

Second Instance Court’s Bench Composition in Civil Proceedings 民事诉讼二审法院的庭席组成

Ius Novum Pub Date : 2022-06-01 DOI: 10.26399/iusnovum.v16.2.2022.17-a.lazarska

Aneta Łazarska

{"title":"Second Instance Court’s Bench Composition in Civil Proceedings","authors":"Aneta Łazarska","doi":"10.26399/iusnovum.v16.2.2022.17-a.lazarska","DOIUrl":"https://doi.org/10.26399/iusnovum.v16.2.2022.17-a.lazarska","url":null,"abstract":"Summary The aim of the article is to discuss the effects of the amendment to Code of Civil Procedure introduced by Act of 28 May 2021 within the scope of a change of a court bench composition in appeal proceedings. The new solutions are controversial and in some aspects interfere with the principle of judicial independence. By reversing the principle of a collective composition in favour of a one-person composition, there were insufficient guarantees for the continuation of the so-called unchanged bench composition for old cases, which may violate the principle of invariability of a bench composition. Secondly, entrusting a decision on a court composition to a court president that is an administrative body did not provide sufficient guarantees for respect for judicial independence. A court president’s decision on whether it is necessary to designate a bench due to the complexity or precedent-like nature of a case also raises objections. It is not within a court president’s competence to assess a nature of a case on which a judge adjudicates. On the other hand, classified conditions for establishing collective benches cause that the discussed regulation will be very rarely applied.","PeriodicalId":33501,"journal":{"name":"Ius Novum","volume":"16 1","pages":"125 - 146"},"PeriodicalIF":0.0,"publicationDate":"2022-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43706141","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}

引用次数: 0

Convergence of the Basic Principles of Mediation in Criminal, Civil, Administrative and Judicial-Administrative Matters 刑事、民事、行政和司法行政调解基本原则的趋同

Ius Novum Pub Date : 2022-06-01 DOI: 10.26399/iusnovum.v16.2.2022.16-p.k.sowinski

Piotr Krzysztof Sowiński

{"title":"Convergence of the Basic Principles of Mediation in Criminal, Civil, Administrative and Judicial-Administrative Matters","authors":"Piotr Krzysztof Sowiński","doi":"10.26399/iusnovum.v16.2.2022.16-p.k.sowinski","DOIUrl":"https://doi.org/10.26399/iusnovum.v16.2.2022.16-p.k.sowinski","url":null,"abstract":"Summary The article constitutes a comparative legal study of mediation based on for procedural regulations, i.e. Act of 6 June 1997: Code of Criminal Procedure, Act of 17 November 1964: Code of Civil Procedure, Act of 14 June 1960: Code of Administrative Procedure, and Act of 30 August 2002: Law on the Proceedings before Administrative Courts carried out with the use of a dogmatic method. The author analyses the solutions that, in his opinion, make it possible to propose a thesis on far-reaching convergence of the basic, and at the same time of normative provenance, principles of mediation. The principles include amicability, voluntariness (optionality), commonness, loyalty to parties, confidentiality and non-openness of mediation, as well as a mediator’s impartiality. The above-mentioned convergence does not mean complete homogeneity of particular solutions or their non-defectiveness, which is exemplified by Article 2591 CPC and Article 83 § 4 CAP. It is also shown that the domestic solutions are in conformity with the solutions recommended by the Committee of Ministers of the Council of Europe.","PeriodicalId":33501,"journal":{"name":"Ius Novum","volume":"16 1","pages":"103 - 124"},"PeriodicalIF":0.0,"publicationDate":"2022-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44506424","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}

引用次数: 0

Civil Liability of Entities Other Than Aircraft Operators for Aviation Accidents 航空器经营人以外的其他单位对航空事故的民事责任

Ius Novum Pub Date : 2022-06-01 DOI: 10.26399/iusnovum.v16.2.2022.15-p.kasprzyk

Piotr Kasprzyk

引用次数: 0

Social Harmfulness of Offences Committed Against Goods Acquired Through Immoral Means 侵害通过不道德手段获得的物品犯罪的社会危害性

Ius Novum Pub Date : 2022-06-01 DOI: 10.26399/iusnovum.v16.2.2022.10-m.kulik-m.mozgawa

M. Kulik, Marek Mozgawa

{"title":"Social Harmfulness of Offences Committed Against Goods Acquired Through Immoral Means","authors":"M. Kulik, Marek Mozgawa","doi":"10.26399/iusnovum.v16.2.2022.10-m.kulik-m.mozgawa","DOIUrl":"https://doi.org/10.26399/iusnovum.v16.2.2022.10-m.kulik-m.mozgawa","url":null,"abstract":"Summary The article discusses the issue of the degree of social harmfulness of acts detrimental to goods obtained through immoral means (specifically, infringement of copyright to legally produced pornographic films). All film productions (also those of a pornographic nature) are works within the meaning of the Polish Act of 4 February 1994 on Copyright and Related Rights. The protection of rights to them is not limited by any moral assessments, but by objectively verifiable features of the work. For legal pornographic works, while their content itself may be regarded as controversial or even unacceptable from the point of view of social norms, the assessment of the social harmfulness of the act is determined not by their content but by the degree of the infringement of the object of protection. The moral assessment of the content contained in the work is irrelevant, if the content is in itself legal and disseminated lawfully, because the protection of non-property rights and, in particular, property rights to a work is not about the protection of the content of those works, but about the author’s rights. The finding that the act involved the dissemination of a someone else’s pornographic work cannot serve as a basis for considering the degree of social harmfulness of the offence as negligible. It is only the degree of copyright infringement that matters in the specific case.","PeriodicalId":33501,"journal":{"name":"Ius Novum","volume":"16 1","pages":"7 - 19"},"PeriodicalIF":0.0,"publicationDate":"2022-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44195428","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}

引用次数: 0

United Arab Emirates “Iceberg Project” – Would an Ambitious Concept Comply with International Law? 阿拉伯联合酋长国的“冰山工程”——一个雄心勃勃的概念是否符合国际法？

Ius Novum Pub Date : 2022-06-01 DOI: 10.26399/iusnovum.v16.2.2022.21-m.osiecki

Mateusz Osiecki

引用次数: 0

Suability of a Rector’s Decisions to Suspend a Student’s Rights 校长暂停学生权利决定的可诉性

Ius Novum Pub Date : 2022-06-01 DOI: 10.26399/iusnovum.v16.2.2022.18-a.ziolkowska

A. Ziółkowska

{"title":"Suability of a Rector’s Decisions to Suspend a Student’s Rights","authors":"A. Ziółkowska","doi":"10.26399/iusnovum.v16.2.2022.18-a.ziolkowska","DOIUrl":"https://doi.org/10.26399/iusnovum.v16.2.2022.18-a.ziolkowska","url":null,"abstract":"Summary The present study concerns the issue of suability of a rector’s decision on the suspension of a student’s rights. The author tries to define the appellate measures that a student has the right to use and the consequences of lodging them. The critical issue consists in the necessity to delimit a student’s suspension as a disciplinary penalty imposed as a result of a disciplinary proceeding conducted by the disciplinary commission in the mode and on terms specified in the Act on Higher Education and Science and appropriate application of the Code of Criminal Procedure and suspension as a result of an administrative decision issued by a university rector before the initiation of an explanatory proceeding or in the course of a disciplinary proceeding. The starting point was to define the legal nature of the relationship between a student and a university as an administrative institution managed by a rector. The considerations lead to the necessity to adopt a presumption that a rector’s decision in a case in question is a form of an administrative decision. Only the adoption of this optics leads to the reconstruction of appellate measures that enable a student – in case of those that are not final – to use non-devolutive appellate measures in the form of a motion to reconsider a case, which is classified as a horizontal instance, or a complaint to an administrative court in accordance with Article 52 § 3 Act on Proceedings before Administrative Courts. The legislator left the choice of the legal remedy to a student. A student still has the right to lodge a complaint about a final decision to an administrative court.","PeriodicalId":33501,"journal":{"name":"Ius Novum","volume":"16 1","pages":"147 - 163"},"PeriodicalIF":0.0,"publicationDate":"2022-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42182736","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}

引用次数: 0

The Issue of Legalising an Advertising Medium Located by a Public Road at a Distance Shorter than the One Required by Act on Public Roads 位于比《公共道路法》要求距离更短的公共道路上的广告媒介的合法化问题

Ius Novum Pub Date : 2022-06-01 DOI: 10.26399/iusnovum.v16.2.2022.19-m.sieradzka

Małgorzata Sieradzka

引用次数: 0

Inadmissibility of Police Entrapment Evidence in the US and German Trials in the Light of the Case-Law of the US Supreme Court and the ECTHR 从美国最高法院和ECTHR的判例法看美国和德国审判中警察诱捕证据的不可受理性

Ius Novum Pub Date : 2022-06-01 DOI: 10.26399/iusnovum.v16.2.2022.12-c.kulesza

C. Kulesza

{"title":"Inadmissibility of Police Entrapment Evidence in the US and German Trials in the Light of the Case-Law of the US Supreme Court and the ECTHR","authors":"C. Kulesza","doi":"10.26399/iusnovum.v16.2.2022.12-c.kulesza","DOIUrl":"https://doi.org/10.26399/iusnovum.v16.2.2022.12-c.kulesza","url":null,"abstract":"Summary The aim of this paper is to compare the American and European standards of the inadmissibility of evidence of unlawful police entrapment. In US criminal procedure, which permits active forms of entrapment, the US Supreme Court and most federal courts apply a subjective test for the entrapment defence, focusing on the predisposition of the person provoked to commit the crime and, less often, an objective test examining the legality of government agents’ actions. The Strasbourg standard (including German cases) is based on two tests: a substantive one (examining both the predisposition of the person being provoked and the legality of the police actions) and a procedural one, which consists in verifying the reliability of the national courts’ recognition of the charge of incitement to commit a crime by the police The basic difference between the analysed standards is to be found in the effects of illegal entrapment. In the US system, it is a justification to the perpetrator’s responsibility for a crime committed as a result of entrapment, and the Strasbourg standard allows for sanctioning the negative effects of such illegal evidence to be convalidated in criminal trial when the Court considers that “the trial as a whole was fair”.","PeriodicalId":33501,"journal":{"name":"Ius Novum","volume":"16 1","pages":"37 - 53"},"PeriodicalIF":0.0,"publicationDate":"2022-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46045811","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}

引用次数: 0

Incest. Penal-Law and Criminological Aspects 乱伦。刑法和犯罪学方面

Ius Novum Pub Date : 2022-06-01 DOI: 10.26399/iusnovum.v16.2.2022.11-k.nazar

K. Nazar

{"title":"Incest. Penal-Law and Criminological Aspects","authors":"K. Nazar","doi":"10.26399/iusnovum.v16.2.2022.11-k.nazar","DOIUrl":"https://doi.org/10.26399/iusnovum.v16.2.2022.11-k.nazar","url":null,"abstract":"Summary The article discusses the statutory features of the offence of incest in the Polish Penal Code from 1997 (Article 201) and the results of empirical research carried out. Doubts were raised in doctrine about the rationalization of the prohibition of incest and the definition of the object of protection of this crime. The conduct that constitutes the actus reus as well as the subject and the subjective side of the offence of incest were also analysed. The research material was the files of cases under Article 201 of the Penal Code registered in all public prosecutor’s offices in Poland in 2013–2014 (389 cases). Research was intended to was primarily to identify the criminological picture of the offence of incest and its scale compared to total crime figures in Poland and the policy of punishing. The next aim of the research was to characterise the families, in which incestuous acts took place, and thus to answer the key questions in this context: whether incest is a factor determining the so-called family pathology or maybe it is a phenomenon conditioned by it and whether it occurs spontaneously or is connected with sexual violence in the family. The results of the research show that the so-called “regular incest” (voluntary on both sides), qualified only under Article 201 of the Polish Penal Code, is relatively rare in the practice of the judiciary. Most cases of incestuous sexual relations were combined with the crime type of sexual abuse of a minor or rape. These results seem to confirm the thesis that incest is rarely the only committed offence, but is most often related to domestic sexual violence. They also support the thesis that incest is a phenomenon conditioned by already existing family dysfunctionality, not its cause.","PeriodicalId":33501,"journal":{"name":"Ius Novum","volume":"16 1","pages":"20 - 36"},"PeriodicalIF":0.0,"publicationDate":"2022-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48778824","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}

引用次数: 0