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The study is devoted to the issue of criminal liability of a perpetrator suffering from conversion identity disorders. Therefore, its aim is to highlight the dilemmas arising from a split personality disorder in the context of the insanity of the perpetrator of a prohibited act. Based on the example of Kenneth Bianchi (case study), the difficulties related to the diagnosis of this disorder and its consequences in relation to criminal liability are shown. In turn, the analytical-dogmatic method is used to consider the issue related to the recognition of these disorders as a specific category of causes of the condition referred to in Article 31 § 1 of the Polish Criminal Code. Regardless of this, the study also presents an approach to this issue that differs from that previously presented in the literature. The conclusions drawn on this basis also allow for filling a certain gap in the Polish literature on criminal law, which is a lack of studies on the subject matter.
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Criminal Responsibility of the Perpetrator with Alternating Split Personality

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The scholarly and research-focused article examines the content of Article 25 §§ 4 and 5 CC, which was transferred to the new Article 231b §§ 1 and 2 CC of Chapter XXIX of the Criminal Code by means of Act of 20 February 2015 amending the Criminal Code Act and Certain Other Acts. The regulation concerns the intervention-related self-defence, wherein a person acting in self-defence and repelling an attack on another’s good protected by law, while simultaneously protecting public security or order, is granted the same legal protection as public officials. The article analyses the genesis and development of this defence, its legal nature, objectives, conditions for application, the scope of criminal law protection for a person acting within the intervention-related self-defence, the exclusion of this protection, and the relationship between Article 231b § 1 and Article 217a CC. The primary scientific objective is to evaluate the legitimacy of its introduction to the Criminal Code and the correctness of defining the premises for its application and its scope. The aim of the considerations is to demonstrate that this measure, despite the negative assessment of its introduction to the Criminal Code in the doctrine, can play a vital role in ensuring security and public order.
</abstract>

Intervention-related self-defence

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The focus of this article is the regulation of Article 62(1) of the Act on Counteracting Drug Addiction of 29 July 2005, often referred to in literature as ‘possession for personal use’. The fundamental issue related to the subject matter pertains to the definition of the legal good in Art. 62(1) of the Act. Contrary to initial impressions, identifying this interest is neither simple nor unequivocal, as there may be doubts over whether such a good protected by law exists and, if so, whether it should be protected under criminal law. The article also explores the correlation of this legal good and the need to protect it with other legal goods protected by the Constitution (e.g. individual freedom). Additionally, the article also examines the significance of the consent of a holder of a given good for the exclusion of unlawfulness or the absence of any attack on the legal good. Behaviour undertaken with the consent of the holder, allegedly “violating” the legal good, is after all, an act that conforms to the norm from the outset, and therefore does not involve any element of unlawfulness. As such, it does not constitute a criminal act. There are doubts whether in the case of possession and use of drugs, there is a threat to the legal good or whether such conduct is lawful from the very beginning, given the consumer’s consent. The article critiques the existing criminal law regulations, and its key argument is the thesis that drug addiction is an issue of exclusively medical and social concern, rather than one of criminal law.
</abstract>

A Legal Good Under Art. 62(1) of the Act on Counteracting Drug Addiction of 2005

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This study explores the assumptions of the Bill of 13 April 2022 amending the Act – Fiscal Penal Code and Certain Other Acts in the scope of administrative penalty ticket proceedings conducted in cases of fiscal petty offences. The primary focus of the analysis is the presentation of the proposed changes (ultimately withdrawn) regarding the extension of the catalogue of bodies authorised to conduct administrative penalty proceedings to include the Municipal Police and the Trade Inspection Authority, and to define their competence. Furthermore, the article presents the positions submitted by various entities as part of public consultations on the draft in question. The publication concludes with the author’s evaluation of the currently applicable legal regulations concerning the issue under discussion.
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Administrative Penalty Proceedings in the Light of the Proposed Changes to the Fiscal Penal Code

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The scholarly and research-focused article aims to analyse resolutions and rulings of the Supreme Court Criminal Chamber concerning substantive criminal law passed in 2022 as a response to the so-called legal questions. The subject of the analysis covers such issues as: the crime of failure to report a crime (Article 240 § 1 of the Criminal Code); suspension of the statute of limitations for criminal offenses due to the COVID-19 pandemic; a student of the Faculty of Public Order of the Academy of Internal Affairs in Szczytno as a person not serving in the state security bodies; and revocation of a driving licence in the event its holder who is a member of a military unit performing tasks outside the country commits an act consisting in driving a motor vehicle under the influence of alcohol (Article 135(1) of the Road Traffic Act).
The fundamental objective of this scientific research is to evaluate the legitimacy of this body’s interpretation of the regulations encompassing legal issues referred to the Supreme Court for resolution. The primary research theses aim to demonstrate that the so-called legal questions referred to the Supreme Court play an important role in ensuring the uniformity of common and military courts’ judgements, given that the body’s stance relies on in-depth reasoning. The research findings present an original perspective developing the interpretation found in the analysed resolutions in a creative way. While the research primarily focuses on national aspects, the article holds significant importance for the scientific community. This is due to its detailed dogmatic analysis and substantial theoretical discourse. Moreover, its practical utility is evident as it enriches the Supreme Court’s arguments and addresses circumstances that justify diverse opinions.
</abstract>

Review of the Resolutions of the Supreme Court Criminal Chamber Concerning Substantive Criminal Law Passed in 2022

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The aim of this article is to interpret the conditions for, and the content of, a claim for an appropriate disability pension granted due to the reduction of prospects for success in the future (referred to as the third disability pension condition under Article 444 § 2 of the Civil Code). The chosen subject of analysis is primarily justified by the relative lack of attention this disability pension has received in legal literature compared to pensions granted due to other conditions specified in Article 444 § 2 CC. The authors focus on resolving some of the interpretative doubts in the civil law related to the phrase “reduction of the prospects for success in the future”. The derivative conception of legal interpretation serves as the foundation for their analyses. The article posits that a claim for a pension due to the reduction of prospects for success in the future is available to every natural person (including a conceived child) who has suffered a bodily injury or health disorder resulting in a loss of the ability to work (in the broad sense of the term), including the ability to perform household chores and, consequently, the material or financial benefits such work would provide. According to the authors, the provision’s apparent role is to resolve interpretative doubts regarding the pecuniary benefits that the aggrieved party would likely obtain in the future. This likelihood is higher than low or small, but lower than the probability bordering on certainty (or at least very high), which is the usual requirement for lost benefits in order to be granted a disability pension. This result of the interpretation is fully justified in both functional and systemic interpretative directives, as the legislator, to a certain extent, favours the interests of the person who suffered personal injury over those of the entity responsible for the damage.
</abstract>

LLD, Professor of Adam Mickiewicz University, Faculty of Law and Administration of Adam Mickiewicz University in Poznań

LLD, Faculty of Law and Administration of the University of Szczecin

Disability Pension Granted Due to the Reduction of Prospects for Success in the Future

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The article explores the issue of reconstructed families, focusing specifically on the roles of individual family members and the processes that occur within such families. Due to the complexity of the above processes, the article concentrates on the deliberations about the stepparent’s upbringing process towards the stepchild, determining its content, scope and role. The article analyses of the stepparent’s duty towards the stepchild, highlighting its normative sources, and assesses this duty in relation to the parental authority of the spouse and the parental authority of the other biological parent outside the reconstructed family. The deliberations presented in the article aim to support the primary thesis of the article that in order for the foster parent’s current custody of the child to be effective, the stepparent’s situation in terms of upbringing obligation should be made independent of the biological parent’ situation, which stems from their parental authority. The article proposes introducing for example, an institution of the so-called “adoptive parent’s care” that would encompass some rights and obligations typical of parental authority and independent of the parental authority of the child’s biological parent. This could serve as an equivalent to the concept of parental responsibility found in English law.
</abstract>

Stepparents’ Upbringing Obligation Towards their Stepchildren

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The institution of questions of law, as a result of which the court ruling in the case is bound by the view of the Supreme Court expressed in its resolution, is an exception to the constitutional principle of subordination of judges solely to the Constitution and statues (Article 178(1) of the Constitution of the Republic of Poland).
The point of law which raises serious doubts because divergent interpretation of the same provision exist in the case-law could be submitted when in the opinion of the appellate court each of these interpretations can be adopted in view of its significant legal arguments, and neither the position of the jurisprudence nor the doctrine of law explains which interpretation should be chosen.
The point of law submitted to the Supreme Court for resolution under Article 390(1) of the Code of Civil Procedure must meet three basic requirements. Firstly, the point of law must be of an abstract nature and concern the interpretation of legal provisions, as it is unacceptable to present to the Supreme Court a question of law simply to get an answer on how to settle the case. Secondly, the point of law needs to concern a legal doubt which needs to be clarified in order to examine the legal remedy; in other words, in order to use the right set forth in Article 390(1) of the CCP, a link must exist between the presented point of law and a decision to be made on the merits of the case, and such link needs to be demonstrated through the juridical consistency of the point of law formulated at the outset and the reasons thereto, and through the proper reference to the facts of the case in such generally defined question of law. Thirdly, the point of law to be resolved needs to concern a legal issue which raises serious doubts; if ordinary doubts arise, the court of second instance needs to settle them on its own. The significance of the issue or the discrepancies in the jurisprudence and literature regarding the ways of its resolutions are not per se independent premises for raising a question of law.
</abstract>

Submission of the Point of Law Which Raises Serious Doubts in Civil Proceedings for the Resolution by the Supreme Court

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This study focuses on the new procedure of electronic deliveries in administrative jurisdictional proceedings, as regulated by the provisions of the Code of Administrative Procedure. The primary research objective was to describe <italic>de lege lata</italic> the modes of individual deliveries, indicating their mutual hierarchy, while also addressing several issues related to the relationship between the Code and the Act on Electronic Deliveries. Both normative acts necessitate co-existence, and thus determining which of them and in which situational variants will be qualified as <italic>lex generali</italic>. This task is by no means facilitated by the fact that the characteristics of the framework regulation can be found in the Code, while the Act “model” regulates the rules of communication involving public entities. The main thesis presented in the study underscores the need for a systemic interpretation of the provisions of the latter Act. The author also believes that the definition of the scope of exclusions from the application of the Act was not designed appropriately. The issues raised have not been the subject of articles thus far.
</abstract>

New Procedure for Electronic Deliveries in Administrative Proceedings

AHEAD OF PRINT

Volume 18 (2024): Issue 1 (March 2024)

Volume 17 (2023): Issue 4 (December 2023)

Volume 17 (2023): Issue 3 (September 2023)

Volume 17 (2023): Issue 2 (June 2023)

Volume 17 (2023): Issue 1 (March 2023)

Volume 16 (2022): Issue 4 (December 2022)

Volume 16 (2022): Issue 3 (September 2022)

Volume 16 (2022): Issue 2 (June 2022)

Volume 16 (2022): Issue 1 (March 2022)

Ius Novum

Ius Novum is an all-Poland scientific journal that presents analytical articles on the science of law, with focus on Central and Eastern European countries. The journal covers a range of basic areas of law, including constitutional law, civil law and procedure, criminal law and procedure, administrative law and procedure, financial law, business law, and international law.　  The journal aims to create a modern forum for the exchange and debate of opinions among scholars of jurisprudence by popularising research results at both domestic and international levels. It takes into account the significance of the impact of legal studies on the social and economic environment of Central and Eastern Europe.  The journal publishes original scientific papers of considerable cognitive value for all representatives of legal science and practice. These papers can be of interest not only to domestic, but also, or even primarily, to international scientific circles. The journal presents innovative dogmatic analyses of current legal solutions, forecasts for the direction of development in various areas of law, legal evaluations of new social phenomena, assessments of the quality of law enactment and application, signals of the efficiency of adopted legal regulations, and discussions on problems concerning legal certainty. Additionally, the journal features empiric research findings of great social importance.   The journal is open not only to the scientific and teaching staff of Lazarski University, but also to representatives of jurisprudence from other academic centres within the international scientific community. We welcome independent scholars with recognised achievements, as well as young scientists who wish to contribute their interesting and innovative ideas to the discourse on law.   The quarterly publishes original articles using research apparatus, and exceptionally, glosses that concern and resolve especially significant scientific issues.　  Archiving  Sciendo archives the contents of this journal in Portico - digital long-term preservation service of scholarly books, journals and collections.  Plagiarism Policy  The editorial board is participating in a growing community of Similarity Check System's users in order to ensure that the content published is original and trustworthy. Similarity Check is a medium that allows for comprehensive manuscripts screening, aimed to eliminate plagiarism and provide a high standard and quality peer-review process. 