6 Implementation of Security Council Resolution () by States affected by foreign terrorist fighters: A .. Rozdział XVI, XVII, XVIII Kodeksu karnego. suicides were reported in Poland in , of which 6, ended in death1. Naturally enough, the .. of the suicide's freedom (Cf. A. Zoll, [in:] Kodeks karny. 5. J. Giezek, [in:] J. Giezek (ed.), Kodeks karny. Część szczególna. Komentarz [ Criminal Code: Special part. Commentary], Wolters Kluwer, Warsaw , p. .
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Kodeks karny, hereinafter: CC), the catalogue of penalties includes: 1) fine, . Kodeks postępowania karnego), 6 June .. 14/ms-s5o_pdf. According. Request PDF on ResearchGate | Criminal Code-Kodeks Karny. Przepisy portal7.info W. Wróbel, Warszawa | The translation that not only lexically. Original name: Ustawa o Kodeks karny Legislationline, OSCE Office for Democratic Institutions and Human Rights PDF PDF (POLL- )Act of 21st March to amend the Act concerning the Public Funding of .
Wwa Wydawn. Polskie prawo karne. PWN ss. Rzecznik Praw Obywatelskich. System prawa karnego. IV cz. Igor Andrejew.
To put it clearly, criminal law protects values recognized in a society. These values include, for instance, peace, health, property, freedom, and morality. Penalization of a human activity has to be justified.
Every criminal offence has to have a rationale, i. In other words, each type of criminal offence has to aim at the protection of a value recognized by the majority of the members of a society. The values protected by the criminal offence of incest have been heavily controversial among the representatives of the Polish doctrine of criminal law. At the time of the creation of this type of criminal offence, i.
It was believed that children born as a result of incestuous sexual intercourse were more susceptible to genetic defects, so a protected value was the health of any future children. Under the Penal Code of , morality was considered the main protected value .
It is widely recognized that, generally, the title of the chapter indicates the protected interests. As to the offence in question, it is clear that the penalization of incest does not protect sexual freedom since force, threat or deception do not belong to the constitutive elements of incest, i. Therefore decency is commonly recognized as the main value protected by Article of the Penal Code . In addition, the following interests are usually mentioned: family, the correct functioning of a family, and the children born out of such a relationship who could be subject to social discrimination .
The justification of the penalization of incest is no more based on eugenic reasons because, as it is stated in the forensic genetic literature and in the criminal law literature, contemporary genetics has not proven that children of parents being in a close blood relationship are more in danger of having genetic faults .
Moreover, it is also criminal to have sexual intercourse which cannot lead to the conception of child that is heterosexual anal or oral intercourse or homosexual intercourse. Additionally, sexual intercourse in an adoption relationship are prohibited as well.
So, the argument of the protection of possible future children, either from genetic faults or social discrimination, can be dismissed.
The argument that the penalization of incest protects the correct functioning of a family is not convincing. Firstly, sexual acts other than the penetration of vagina, anus or mouth are not prohibited and those acts can also deeply influence the mental state of a child, so the mental health of children in a family is not protected. Secondly, it has to be noticed that sexual intercourse within a family is rather a consequence of than a reason for dysfunction within a family.
It is supposed that sexual intercourse between close members of a family is performed by people with a mental disorder or by those already living in a dysfunctional family.
A criminal conviction will not help this family. Such a perpetrator needs psychological-sexological assistance . In conclusion, sexual morality is the only value protected by Article of the Penal Code. There can be a conflict between public decency and the sexual autonomy of an individual . Thus, the law maker has to decide which protected interest takes precedence.
In the Polish doctrine of criminal law, difficulties with sufficient justification of the penalization of incest have been noticed for many years.
Some authors have demanded the depenalization of incest between adult siblings or at least expressed their doubts as to the criminalization of incest .
For instance, a view has been expressed that the reasons for the penalization of incest have an emotional character .
In the public opinion, incest is commonly associated with sexual abuse of children and thus the criminal ban of incest is seen as a means for the protection of children. Most of the members of society do not know the extent of the law regarding which sexual activities are prohibited and who are the potential perpetrators as provided for by Article of the Penal Code. In particular, it is not generally known that adult persons, for example, half-brother and half-sister performing consensual sexual intercourse are liable to imprisonment.
This is also the case when they do it at home, when no minors are watching. Penalization of incest is commonly connected with a punishment for sexual relations between adults and children.
The idea of depenalization of incest in terms of repealing Article from the penal code causes public outrage mainly because it is immediately associated with a father being able to abuse his thirteen-year-old daughter with impunity and it can be supposed that this is how the problem would be presented in the media.
As a matter of fact, Article , criminalizing incest, is not necessary to convict such a father. This provision provides for a longer imprisonment than Article Article would be given only at the description of the offence committed by the accused.
Article has an autonomous significance only in the case of consensual sexual intercourse between persons aged 15 or more, for example, if a year-old daughter consents to sexual intercourse with her father and not force, threat or deception has been used to influence her attitude to the sexual intercourse . It has to be emphasized that criminal law recognizes that a person aged 15 is able to give a relevant consent in the sexual sphere.
Tom III, Warszawa , p. Where no discrepancies are detected, the Member State need not undertake any legislative activity Zagadnienia teorii i praktyki. Tom I, Warszawa , p. I am citing the cases after: Adam, M. Safjan, A. Tizzano, Zarys prawa Unii Europejskiej, Warszawa , p.
Lenaerts, J. Grzelak, in: Grzelak, M. Sakowicz eds. Citing after: I, Warszawa , p. The Directive has a hefty preamble and 31 Articles. Title III establishes var- ious criminal offences revolving around terrorist activity. The Directive adopts a different formal criterion whilst retaining the same substantive one. These include: These are: The catalogue, however, is not exhaus- tive and should be interpreted as a guideline e.
In other words, it may be any country in the world so, for practical purposes, it is sufficient to prove that a country bor- der has been crossed. The Article applies to travelling in three different roles that may generally be referred to as: Inasmuch as the first causative act amounts to direct commission, the other refers to complicity.
Article 14, which regulates aiding and abetting, inciting as well as attempts, extends legal liability even to acts that were not actually committed see Article 14 3 , and this applies also to travelling for terrorist purposes. Interestingly, this liability applies also to legal persons Article That this is so has been criticized78 but, it appears, only partially fairly.
It is always a question whether the Polish legislator should auto- matically copy-paste the transposed EU provisions into domestic law or whether it should resort to creating offences by reference to the methodology accepted under Polish law. Daniluk, Art. Majewski, Art. Zoll eds. Until that time the Polish law will not be fully compatible with the EU regulations. The paper strives to achieve the following: Ko- mentarz do art.
Komentarz, Legalis Entenmann E. Komentarz, Warszawa Fletcher M. A Histo- rical Survey, in: Motivations for Travel to Foreign Conflicts, in: Komentarz, Lex Grzelak A.
Volu- me I, Cambridge Herzog A. Komentarz, Legalis Hoc S. Komentarz, Lex Karska E. Komentarz, Legalis Law R. Tom I, Warszawa Mitsilegas V. Komentarz, Legalis Szwarc-Kuczer M. Download pdf.
Remember me on this computer. Enter the email address you signed up with and we'll email you a reset link. That which is naturally connected with information security, e. In regard to research questions, more analytical emphasis has been laid on legal solutions pursuant to the Polish Criminal Code. The text addresses the following research questions: 1 To what degree do the legal solutions concerned with the penalisation of the crime of espionage provide effective prosecution and combating of this type of crime?
In order to answer the questions posed in the text, a dogmatic-doctrinal approach has been adopted, and a legal interpretation has been applied with regard to the method, that is a comparative interpretation within the compass of substantive penal regulations penalising the crime of espionage in Poland and Sweden , a teleological and functional interpretation with a view to re-interpreting a selection of established or debated doctrinal approaches 4.
Gardocki, Prawo karne, Warszawa , p. Stelmach, B. Korybski, L.
Elementy teorii, Warszawa , p. Nowacki, Z.
SP Vol. The wording in extenso: Art. Anyone who takes part in the activities of a foreign intelligence service against the Republic of Poland is liable to imprisonment for between one and 10 years. Anyone who, while taking part in the activities of a foreign intelligence service, or acting for the benefit of thereof, provides it with information, the transfer of which may be detrimental to the Republic of Poland, is liable to imprisonment for a minimum term of three years.
Anyone who organises or leads the activities of a foreign intelligence service is liable to imprisonment for a minimum term of five years, or impri- sonment for 25 years5. The object of the offence specified in Art. Nr 88, poz. Besides, the object of protection includes security of third countries in the event of espionage to the detriment of allied states Art. The above provisions shall also apply to a person who, for the same purpose, prepares a written or drawing account of such information.
Mozgowa, et al. Komentarz, Warszawa , p. The Swedish criminal code has preserved its structural continuity since the s, but it must be pointed out that it has been amended many times. The year brought the first general review of the Penal Code9. With regard to a general idea of the penalisation scope of acts against state, chapter 19 of the Swedish criminal code shows concurrence with the chapter on offences against state in the Polish criminal code.
However, it must be borne in mind that the legal culture and penal policy in Sweden differ from the ones in Poland. In the first case, verbal attributes should be pointed out; these include obtaining, transferring and divulging a special kind of information. The Swedish legislator uses a more case-law definition of the material object involved in the crime of espionage, that is a special kind of information — the legislator points to information on defence capability, armament, supplies, import, export, a manner of production, negotiations, the cognizance of which taken by foreign authorities may be detrimental to the security of the State of Sweden.
A person who, for the same purpose, prepares an account of such information shall also be held liable for espionage. The aggravated form of the crime of espionage differs from the basic type in that the particularly dangerous character of the act is also recognised with regard to specified circumstances e.
The case of the afore-mentioned negligence also involves an aggravated form which is conditional upon the circumstances a state of war. Hence, there is some form of action, whereby there is no — in the capacity of an attribute — transfer of information. Contribution to this type of activity is also penalised. PDF, However, it must be pointed out that a similar solution featured in the Swedish criminal code before the amendments, in the s Penalising the conduct aimed at collecting information about private persons should be related to increased intelligence activity by representatives of foreign states in Sweden; they keep under surveillance their own citizens who have come to settle in Sweden The objective side of the crime of espionage Attributes of the objective side of the crime of espionage in Art.
Swedish Security Service Report, Stockholm , p. For instance, it is to be found in the provisions penalising some particular acts: participating in a fight or a beating Art. It must then be pointed out that espionage is a crime involving multiple acts. The examples of such action may be: recruitment for the benefit of a foreign intelligence service, supplying specialist equipment. This indicates any conscious activity consisting in collaboration, even if it is of a non-regulated character and does not involve belonging to any specific organisational structures.
According to I. Marek, Kodeks karny. Konar- ska-Wrzosek, et al. Besides, it is noteworthy that the legislator did not decide to introduce a legal definition or to expand this descriptive attribute in any other way. A similar interpretation is indicated by S. See more: S.
However, M. It follows from the linguistic interpretation that for this crime to arise it is not enough to transfer any information, but only such information that may be detrimental to the Republic of Poland.
Besides, following L.