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This article is based on the results of scientific research conducted within a project entitled „The pilot implementation of the Community Court model in Poland as an institutional bridge betweenthe judiciary, local government authorities and social organizations to facilitate the implementation of restorative justice in practice”. The project was funded by the National Centre for Research and Development...
Non-Governmental Organisations in Poland show wide interest in the justice system. Their actions are not limited to litigation. This paper outlines the typology of activities performed by NGOs in courts or closely related to courts, other than taking part in court or executive proceedings. Two main groups of actions are researched court monitoring and assistance to clients of the justice system. On...
This article is an attempt to present the problem of probation in Poland. It contains a summary of the institutions falling within the definition of this concept. The article is divided into three parts. The first two parts concern the solutions contained in the Polish Penal Code. The third part is devoted to the subject of social factor participation in the form of non-governmental organizations...
The article attempts to reconstruct basic assumptions of community justice – an emerging paradigm of penal policy that is gaining popularity in Western Europe and the US. The model assumes an empowerment of citizens in matters related to criminal justice, including various forms of public participation, aimed at reclaiming conflicts thus far appropriated by professionals and institutions. The article...
Juvenile law is a relatively young branch of law. It was singled out at the turn of the 19th and 20th centuries. From the very beginning, juvenile law regulations could be distinguished as two dominant models: protective and restrictive. However, neither of them fulfilled expectations and faced a wave of criticism. One of the consequences of this situation was the appearance of the “third road” of...
In June of this year, the Polish Sejm passed a law amending article 90 of the Code of Criminal Procedure. This provision regulates the institution of the so-called social representative (as - amicus curiae) in a Polish criminal trial. Th e amendments adopted are aimed at facilitating participation of the representative in the trial process. Adopted amendments change the procedural mechanism enabling...
In the years 2015-2016 the regulations of instruments present in Polish criminal law, such as conditional discontinuance of proceedings and conditional sentencing, have changed. The aim of this study is to answer the question of whether the regulations resulting from these acts change the institution of conditional discontinuance of criminal proceedings and institution of conditional sentencing, in...
W artykule wykorzystane zostały fragmenty opublikowanego wcześniej opracowania autora: K. Piątek, Sprawiedliwość naprawcza jako przestrzeń dla nowej opiekuńczości w ramach lokalnej polityki społecznej, (w:) W. Anioł, R. Bakalarczyk, K. Frysztacki, K. Piątek, Nowa opiekuńczość? Zmieniająca się tożsamość polityki społecznej, Toruń 2015, s. 153-195.
The paper presents problems associated with the perception of the participation of the social factor in a criminal trial compared to the existing jurisdiction of common courts and the Supreme Court. The article is an attempt to assess the extent and type of participation of social factors in criminal proceedings, pointing out both new opportunities and constraints for all participants in the process...
The subject matter of the dissertation embraces issues concerning mediation in labour law disputes. The article is focused on the amendments which were enacted into the Civil Procedure Code on 1 January 2016. They should contribute to an increase in the significance and popularity of such method, which is an alternative to judicial procedures and relatively inexpensive. As previously, mediation may...
Modern democracy is in crisis. Citizens feel alienated, overlooked, unappreciated. The way out of the crisis, in the opinion of many, is by increasing the public role in democratic processes through civil participation. Citizens want to be involved not only in the process of legislation, but also in the application of the law. Today the court is no longer Dworkin’s ”capital of the law”. There are...
The article concerns the historical and comparative analysis of the institutions of jury and lay judges as the basic form of participation of the social factor in sentencing, referring mostly to English, German and Russian examples. The article discusses both the advantages and disadvantages of these institutions, as well as the procedural issues of their functioning and the jurisprudence of the European...
The paper presents the legal possibilities of public participation in carrying out the process of sentencing. It is based on Polish regulations and the regulations of other European countries i.e. those of France, England and Wales, and Germany. The aforementioned models shall be examined taking into account accessibility, effectiveness and overall aim of the respective regulations involved. The paper...
The article presents the rule of transparency in criminal procedure. Especially the external aspect of this rule – the rule of public nature of a trial. The paper illustrates the constitutional and criminal regulation of the rule of publicness. It identifies the conditions under which a trial is freely accessible to a public audience and the conditions under which such openness is not possible. Th...
The article presents the issue of using social factors in the admistration of justice as seen from the perspective of constitutional rules. The aim of the study is to analyze the issue of limiting the participation of lay judges in trial courts of general jurisdiction, which is a starting point for considering the evaluation and importance of lay judges in Polish judicial procedure, in which their...
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