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Title:

Ob′êktivnì oznaki vtručannâ v dìâl′nìst′ sudovih organìv za zakonodavstvom Respublìki Pol′ŝa

Alternative title:

Objective features of intervention in the court activity according to the legislation of the Republic of Poland

ORCID:

0000-0003-3257-1441

Subject and Keywords:

object   objective side   intervention in the court activity

Description:

Tekst w jęz. ukr., streszcz. w jęz. pol. i ang.

Abstract:

The court statistics say only a few cases of conviction for intervention in the court activity took place. This is true both for the Republic of Poland and Ukraine. Thus, in 2014 in the Republic of Poland there were only 8 people convicted for this crime; in 2013 — 11 people; in 2012 — 38 people; in 2011 — 87 people. At the same time, the number of convictions for the same crime in Ukraine is only one or two persons.In the article the object and objective side of this crime is analyzed according to the legislation of the Republic of Poland. The author concludes that the Polish legislator, just as the Ukrainian, defines justice in the broad sense, that is, as the courts and other law enforcement bodies and the narrow sense as only the activity of courts as special authorities. Material object of the offenses provided for in Section XXX of the Criminal Code of the Republic of Poland is justice in the broadest sense of the word. Individual subject of this crime is justice in the narrow sense of the word.Victims of this crime may be a person or several persons who exercise their functions relating to the administration of justice. Polish scientists say that the victims of this crime can be a judge, juror or assessor.Intervention in the court activity under the laws of the Republic of Poland can be committed in two ways: by causing undue violence or by threats. Thus, violence can be both direct, that is, physically affecting the body, and indirect, by affecting the material world.The term “unlawful threats” has a legal definition stipulated in § 12 Art. 115 of the Criminal Code of the Republic of Poland. Under this rule, illegal threat is both a threat that is provided in Art. 190 of the Criminal Code of the Republic of Poland and the threat of taking measures for the opening of criminal proceedings, the disclosure of information defaming a person or his close relative. It is not an unlawful threat to announce the arrangements for the opening of criminal proceedings, which is intended to guard the law violated by the crime.Unlawful threat can be expressed both orally and in writing, or in a different manner.

Place of publishing:

Wrocław

Publisher:

Wydawnictwo Uniwersytetu Wrocławskiego

Date issued:

2016

Date copyrighted:

2016

Identifier:

ISSN 2082-4939

Source:

PAd P 102216 II

Language:

pol   ukr   eng

Relation:

Wrocławsko-Lwowskie Zeszyty Prawnicze, 2016, 7, s. 125-139

Is version of:

Czasopisma Naukowe w Siecie (CNS)

Access rights:

The use of this material is allowed only with accordance of applicable rules of fair use or other exceptions provided by law, and any broader use requires the permission of the authorized entity

License:

Making materials available on the basis of the agreement with the owner of the property copyrights

Rights holder:

Copyright by Wydawnictwo Uniwersytetu Wrocławskiego Sp. z o.o.

Autor opisu:

WR U/PAdjm   WR U/PAdbg