<abstract xmlns="http://www.w3.org/1999/xhtml">

The main scientific aim of the article is to present and analyse the amendment of 14 October 2021 to the prerequisites of disfranchisement laid down in Article 40 § 2 CC. The initial considerations focus on the essence and significance of the aforementioned penal measure in the system of penal measures determined in Criminal Code. The article presents the legal state before the amendment and the reasons for the amendment presented by the authors of the bill. As concerns the change of law within the scope of prerequisites of disfranchisement, the article tries to confront the mutual relationships of the present prerequisites. The considerations made it possible to formulate a series of critical conclusions concerning the legislative changes introduced and constituted and impulse to put forward a proposal de lege ferenda.
</abstract>

New Approach to the Prerequisites of Disfranchisement in the Light of Criminal Code of 1997

<abstract xmlns="http://www.w3.org/1999/xhtml">

The article is a review and is devoted to the issue of therapeutic security measures in the Fiscal Penal Code, i.e. therapy, addiction therapy and stay in a psychiatric institution. The measures in question are fully regulated in the provisions of the Penal Code, in Articles 93b–93g recited under Article 20 § 2 of the Fiscal Penal Code on the basis of fiscal penal law. The above provisions concern the general premises and rules of adjudication, subjective adjudication criteria, the time of adjudication and the use of therapeutic precautionary measures, and the obligations of the perpetrator against whom therapy, addiction therapy or stay in a psychiatric institution was ordered, which corresponds to the structure of the publication. Due to the lack of an autonomous regulation in the provisions of the Fiscal Penal Code with regard to the discussed safeguards, the problem of the appropriate application of the above-mentioned provisions of the Criminal Code in fiscal penal law and the actual suitability of therapeutic safeguards in this branch of law arises. The aim of the article is therefore to analyze articles 93b–93g of the Criminal Code and attempt to assess whether the adoption of these provisions on the ground of fiscal penal law has been successful, and to verify the research hypothesis that therapy, addiction therapy and stay in a psychiatric institution play a significant role in fiscal penal law.
The subject of the analysis are legal regulations and statements of the doctrine. The article contains considerations concerning the normative and dogmatic sphere, and not the sphere of judicial application of the law. However, the study is not devoid of references to practice, but is limited only to the statements of the judicature. The research is national in nature. When presenting the topic, the authors used the analysis of legal texts, dogmatic analysis and the analysis of the Supreme Court and appellate courts. Therefore, the title issue was presented in a normative, dogmatic and partly practical aspect.
</abstract>

Medicinal Precautionary Measures in the Fiscal Penal Code

<abstract xmlns="http://www.w3.org/1999/xhtml">

The article presents the issue of a misdemeanour of proposing to commit an unlawful act in order to obtain a material benefit classified in Article 142 MC. In order to provide full characteristics of the discussed type of misdemeanour, a classical pattern based on the traditional division of statutory features of the type of prohibited act has been adopted. The author discusses such issues as statutory penalties for this misdemeanour and concurrence of provisions. The article also draws special attention to issues raising doctrinal controversies, including inter alia: approach to the object of protection, the interpretation of the features of “prostitution”, “material benefit” or “other behavior violating public order”. A number of specific issues were also analysed, including liability under Art. 142 MC persons providing roadside sexual services.
</abstract>

Proposal to Commit an Indecent Act in Order to Derive a Financial Benefit

<abstract xmlns="http://www.w3.org/1999/xhtml">

Due to the amendment, which entered into force on January 1, 2022, a number of provisions in Chapter XI of Misdemeanour Code concerning safety and order in communication were significantly changed. The legislator decided to introduce new types of prohibited acts and significantly increased the amount of the fine for certain offenses. These changes are revolutionary, which is also associated with controversy. This is because some of the changes made raise doubts due to the higher degree of their repression, which makes the punishability of certain offenses disproportionate in relation to similar crimes under the Penal Code. This issue will be presented later in the article.
</abstract>

Amendment to Misdemeanour Code Concerning Offences Against Security and Order in Traffic

<abstract xmlns="http://www.w3.org/1999/xhtml">

The aim of the article is to show the problems related to the application of interviewing an adult victim in cases of offenses against his sexual freedom, which evidentiary activity is regulated in Art. 185 of the CCP. This provision has to reconcile two opposing reasons – protection of the aggrieved party and avoidance double victimization and providing the accused with a guarantee of his interests, especially the rights of a defense lawyer to participate in questioning. A great contribution to making considerations on the meaning of the commented regulation is the judgment of the Supreme Court of June 29, 2022, in the case III KK 202/21, which was issued after the recognition of the cassation appeal of the defender of the accused. In the case, the Supreme Court, weighing the cassation charges, decided that refusal by the appellate court of the request for rehearing the aggrieved party, in a situation where their hearing in the course of the proceedings preparatory proceedings took place not only in the absence of the accused, but also under the absence of his counsel constitutes a significant violation of the accused’s right to defense. This is because the accused has no way of getting filed in this mode, the statements should be verified from the point of view of their credibility. The ruling of the Supreme Court should be considered as accurate, especially as it was reached in extending the right to use the assistance of a defense lawyer also in relation to the person as to which has not yet been ordered to present the charges but do exist while for it there are reasonable grounds that, as a result of the hearing, it will become a suspect.
</abstract>

Hearing a Witness Pursuant to Art. 185 of the CCP and an Assurance of Defendant’s Rights of Defense. Comments on the Verdict of the Supreme Court of June 29, 2022, III KK 202/21

<abstract xmlns="http://www.w3.org/1999/xhtml">

The article is of a scientific and research nature, and its subject is an analysis of the resolutions and decisions of the Supreme Court Criminal Chamber in the field of procedural criminal law issued in 2021, as a result of the examination of the so-called legal questions. The subject of the considerations are: the absence of a public prosecutor at the main hearing and his conviction without taking evidence proceedings (Article 387 § 2 of the CCP), a complaint against the decision of the appellate court to revoke a preventive measure (Article 426 § 2 of the CCP), the conditions for deciding by the highest court of legal issues (Article 441 § 1 of the CCP), compensation for undoubtedly unjustified temporary arrest or detention (Article 552 § 4 of the CCP), reimbursement of the costs of appointing a defense attorney (Article 632 (2) of the CCP), funds in a bank account as material evidence (Article 86 (13) of the Act on Counteracting Money Laundering and Terrorism Financing, Article 106a of the Banking Act), proceedings under the existing provisions (Article 25 (3) of the Act of 11 March 2016 amending the Act – the Code of Criminal Procedure and certain other acts), presentation to the Supreme Court to resolve legal issues (Article 82 § 1 and Article 83 § 1 of the Act on the Court of above).
The research basically aims to evaluate the legitimacy of this body’s interpretation of the regulations covering the legal issues referred to the Supreme Court for resolution. The main research theses consist in showing 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 because the body’s stand is based on in-depth reasoning. The research findings are original in nature as they creatively develop the interpretation contained in the resolutions analysed. The range of the research is mainly national. The article is especially important for science because it contains a deepened dogmatic analysis and a big load of theoretical thought as well as it is practically useful as it enriches the Supreme Court’s arguments or refers to circumstances justifying different opinions.
</abstract>

Review of the Resolutions of the Supreme Court Criminal Chamber Concerning Substantive and Procedural Criminal Law in 2021

<abstract xmlns="http://www.w3.org/1999/xhtml">

The use of legal highs increases risks in the area of public health in Poland. The law provides for criminal liability for possession as well as the trade of NSP, however, it does not provide for the compulsion of treatment for addicts. The material used as a starting point for a practical presentation of the discussed issues was statistical data on the intake of “legal highs” in Poland in the years 2015–2017, including the number of deaths caused by their use. The authors also conducted a study in the form of analysis of data contained in individual medical records of patients hospitalized in the Acute Poisoning Department of J. Nofer Institute of Occupational Medicine in Lodz due to the consumption of new psychoactive substances. The paper uses the method of analysis of the existing legal regulations, referring at the same time to the doctrine of law and the emerging line of jurisprudence. The analysis of the legitimacy of the introduc­tion of compulsory treatment mechanisms for people returning to the use of designer drugs shows the tendency of their cyclical use by patients of the acute poisoning department IMP in Lodz. In connection with the number of legal highs poisonings in Poland, it is necessary to introduce legal algorithms of conduct concerning the obligation to treat persons using desi­gner drugs harmfully and persons addicted to them. Legal highs, compulsory treatment, new psychoactive substances, legal highs poisoning, protection of public health.
</abstract>

dr hab., prof. UŁaz WPiA Uczelni Łazarskiego

Legal Regulations as a factor in Minimising the Risk of a Return to Using New Psychoactive Drugs

<abstract xmlns="http://www.w3.org/1999/xhtml">

The purpose of this article is a civil analysis of the scopes of authorizations contained in creative commons licenses in the context of their potential use in the activities of an institutional repository. The reference point for the considerations are also the conditions for sharing and transferring public sector information for re-use set out in the Open Data Act of 2021. The material, temporal and territorial scope of the Creative Commons licenses has been specified. The task requires, in particular, the examination of the standards of open licenses in the light of the provisions of the Copyright Act of February 4, 1994 and the Act of July 27, 2001 on the protection of databases. It seems significant in the context of the problems regarding to the functioning of the Creative Commons licenses under Polish law. This type of analysis seems all the more justified because in the case of research data, the subject of the authorization may not only be a work, but a database or the subject of related rights. In the course of the research, the dogmatic-legal and legal-comparative methods were mainly used.
It should be concluded that the reference to standard open Creative Commons licenses enables the obliged entity to properly fulfill its obligations to define the content of the conditions for re-use specified in particular in Art. 15 of the Act on Open Data of 2021. The presented principles of recognition of authorship satisfy the obligation to inform about the source and time of generating and obtaining public sector information from the obliged entity. In turn, the obligations relating to the exploitation of derivative works specify the conditions for the obligation to inform re-used public sector information about the processing. It should be recognized that referring to the Creative Commons licenses within institutional repositories may be appropriate, taking into account the indicated shortcomings, discrepancies and the lack of full synchronization of the developed international standards with the Polish legal order.
</abstract>

The Scope of Creative Commons Licenses for Sharing and Using Research Data Within an Institutional Repository

<abstract xmlns="http://www.w3.org/1999/xhtml">

The article aims to analyse disciplinary penalties that can be imposed on a student for disciplinary offences, as well as to draw attention to a controversial issue of indicating determinants of their imposition. The doubts presented in the article that concern the ‘disciplining’ nature of some disciplinary penalties (and even uselessness of one of them) justify de lege ferenda the need to remodel the present catalogue of them. Having noticed that the legislator did not decide to directly determine recommendations for shaping disciplinary penalties for students in the provisions of Act of 1 July 2018: Law on higher education and science, the author presents the opinion that in order to make it possible (for members of the adjudicating panel of a disciplinary commission and sometimes also a rector) to avoid accusations of inevitable arbitrariness in the matter, it would be necessary to make reference to relevant provisions of Criminal Code.
</abstract>

Legislative (IM)Perfection of Regulations on Student Disciplinary Penalties

<abstract xmlns="http://www.w3.org/1999/xhtml">

The author of the gloss approves of the Supreme Court’s stance that, provided that in the course of cassation supervision the Supreme Court recognises that the appeal of the party that lodged the cassation had not been upheld and the justification of the appellate court’s judgement flagrantly violates the provision of Article 457 § 3 CPC, and in the cassation, based on the ‘quality’ of this justification, there is a charge of flagrant violation of Article 433 § 2 CPC directly (in the content of the charge) nor in the justification of the cassation (Article 526 § 1 CPC in conjunction with Article 118 § 1 CPC), such a breach requires that the sentence of an appellate court should be overruled because it is required by Article 45 par. 1 Constitution in conjunction with Article 176 § 1 Constitution of the Republic of Poland and the conventional (Article 6 ECHR) standard of a fair appeal trial, which cannot be limited or excluded under Article 537a CPC. This point of view is justified by the fact that the concept of a fair trial as a model of a criminal proceeding means ensuring the minimum level of guarantees for the implementation of the legal state (parties’ rights) and the standard of a fair proceeding is an element of the model of a fair trial. If an appeal proceeding is to be in extenso fair, a court ad quem is obliged to solidly fulfil duties laid down in Article 457 § 3 CPC, i.e. reliably develop a sentence justification, which cannot just include indefinite, general and matching each case statements concerning appropriate establishment of facts and right assessment of evidence, because the above-mentioned phrases that are not connected with the answer to arguments included in an appeal do not provide the appealing party with an actual answer to the issues constituting the basis for formulating charges. Thus, the norm laid down in Article 537a CPC cannot limit or exclude the standard of a fair appeal trial.
</abstract>

Gloss on the Supreme Court Judgement of 9 February 2021, III KK 175/20

<abstract xmlns="http://www.w3.org/1999/xhtml">

In the gloss to the decision of the Supreme Court of 26 May 2021 (I KK 23/21), the issue of the correctness of establishing the scope of the term “health service” with regard to treatments in the field of aesthetic medicine was addressed. In this context, it has been analyzed which entities can legally carry out such treatments and in which cases taking specific actions by an unauthorized person will result in criminal or disciplinary liability.
</abstract>

Gloss on the Supreme Court Decision of May 26, 2021, I KK 23/21

<abstract xmlns="http://www.w3.org/1999/xhtml">

The paper presents the critical commentary on the judgment, in which the Supreme Court classified unlawfull disposals of a co-owned item commited by a co-owner as misappropriation of someone else’s movable item. The legal assessment carried out by the Supreme Court can hardly be approved, as it is based on a widespread and yet incorrect interpretation of the concept of someone else’s item, considering it to be someone else’s property in relation to its co-owner. The behaviour in question fulfils rather the features of misappropriation of property right in the form of another co-owner’s participation in co-ownership. The Supreme Court partially based its assessment on the reasons justifying the latter legal qualification, however did not draw proper conclusions therefrom and did not decide to depart from the dominant case-law opinion.
</abstract>

Gloss on the Supreme Court Judgment of 3 February 2021, III KK 561/19

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. 