冠状病毒大流行对波兰《刑法典》在骚扰犯罪领域修正案的影响

Izabela Jankowska-Prochot
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引用次数: 0

摘要

研究目的:本研究旨在总结新冠肺炎大流行期间波兰刑法中旨在根除跟踪和网络跟踪犯罪的法律法规所产生的影响。本文还探讨了犯罪者使用的一些操作方法,特别是那些使用数字工具进行暴力行为的操作方法。研究问题和方法:本文基于旨在衡量事实的分析方法,而不是声明性比例立法。研究问题的基础是对适用法律的解释,以及对法律学说观点和司法裁决的调查。在某种程度上,采用历史方法是为了证明波兰以前的跟踪法规是如何演变的。争论过程:本文讨论了犯罪者使用的方法、跟踪作为刑事犯罪的法律性质等问题的分析,特别侧重于《波兰刑法》第190条a款规定的因果行为的特征。研究结果:波兰立法者是正确的,由于疫情期间网络欺凌明显激增,有必要修改前刑法关于跟踪刑事犯罪的规定。同样合理的是,收紧对实施合格跟踪的刑事责任,并通过增加新的犯罪性质来扩大对被禁止行为的描述,也应被视为合理和有益的。但是,不应批准《刑法》第190条a.1和第2款规定的增加刑事犯罪的刑事措施。结论、创新和建议:尽管波兰刑法中引入的修改不能完全证明是正当的,因为它们可以恰当地回应国际社会对解决基于性别的网络欺凌的呼吁,但总的来说,它们应该被视为朝着正确方向迈出的一步。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Consequences the Coronavirus pandemic on amendments to Polish Penal Code in the area of harassment offences
RESEARCH OBJECTIVE: The aim of this research was to summarize that impact has exerted on legal regulations aimed at eradicating stalking and cyberstalking crimes in the Polish criminal law during the COVID-19 pandemic. The paper explores also some operation methods employed by perpetrators, in particular those involving violent acts with the use of digital tools. THE RESEARCH PROBLEM AND METHOD: The text is based on the analytical method aiming to measure the factual, not the declarative ratio legis. The problem was studied based on the interpretation of the applicable law, as well as a survey of the legal doctrine views and judicial decisions. To some extent, the historical method was employed in order to demonstrate how former stalking regulations in Poland had been evolving. THE PROCESS OF ARGUMENTATION: This paper discusses the analysis the issue of the methods employed by perpetrators, legal nature of stalking as a criminal offence, focused particularly on the characteristics of causal acts stipulated in Art. 190 a of the Polish Criminal Code. RESEARCH RESULTS: The Polish legislator was correct, that was necessary amending the former criminal law regulations on the criminal offence of stalking, due to an observable surge in cyberbullying during the pandemic. It was also resonable tightening the penal liability for committing qualified stalking and extending descriptions of prohibited acts by adding new crime qualities should be also viewed as justified and beneficial. However, increasing penal measures for criminal offences stipulated in Art. 190.a.1 and 2 of the Criminal Code should not be approved of. CONCLUSIONS, INNOVATIONS, AND RECOMMENDATIONS: Despite of the changes introduced in the Polish criminal law cannot be fully justified as properly addressing international appeals for tackling gender-based cyberbullying, all in all, they should be seen as a step in the right direction.
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