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The paper covers the issue of the accelerated penal procedure. It discusses conditions for the application of this mode under Polish law and presents them against the background of regulations in force in other countries, including Germany, France, Spain, Portugal and Belgium. The assumption of the study was to assess Polish legal solutions and to demonstrate the basic similarities and differences...
W artykule poruszono problematykę prawnokarnej reakcji na naruszenie zakazu powierzenia pracownikowi lub zatrudnionemu wykonywania pracy w handlu lub wykonywania czynności związanych z handlem wbrew zakazowi. Poza analizą ustawowych znamion przepisów karnych obowiązujących w tym zakresie, odniesiono się do najnowszego orzecznictwa Sądu Najwyższego. Autor podziela i rozwija tezę, że przeważająca działalność,...
The expedited procedure is a type of special first-degree proceding which – apart from the cases specified in the Act on the Safety of Mass Events – is optional, also in cases of offenses prosecuted on the basis of private prosecution, if they are of hooligan nature. Insofar as it is permissible to reduce the formal requirements for charges to be presented in simplified proceedings, it is not possible...
The author of the gloss approves of the thesis expressed in the Supreme Court ruling of 24 January 2018, II KK 10/18, in accordance with which the framework of the jurisdictional proceedings are determined by a historical event described in the indictment and not by particular elements of this description. The time of an act commission is one of the elements of the subjective aspect of an offence...
The article discusses the issue of the dismissal of an obstructive evidentiary motion that i aimed at lengthening of proceedings (Article 170 § 1(5) CPC). The author analyses the scope o this circumstance and its relation to other grounds for refusal to accept an evidentiary motion. Other considerations focus on the procedure concerning an obstructive evidentiary motion, in particular the issue of...
The article concerns the question of improper composition of the court in Polish criminal proceedings as grounds for quashing the judgment and returning the case to the first instance court for reconsideration. It comprises the analysis of the delegation of a judge to exercise his/her duties in another court. In particular, the analyses focus on the regulatory framework for proper delegation of a...
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