Petty Offences Research Articles

Runo leśne w polskim porządku prawnym – uwagi de lege lata i de lege ferenda

Undergrowth is one of the components of forest ecosystems. It is also an important notion of the Act on Forests. The object of this study is the analysis of legal regulations concerning undergrowth, its protection and extracting its products. The deliberations include the issue of undergrowth in the context of: (1) principles of forest management (the principle of continuity and sustainable use of all forest functions, the principle of the persistent maintenance of forests) as well as (2) the principles under which forests are to be made accessible (extracting the products of undergrowth for industrial purposes and own needs of people). The fundamental aim of this article is to review selected regulations (of the A ct on Forests, the Code of Petty Offences) paying special attention to ensure the protection and sustainability of use of undergrowth and its products. In this context, de lege ferenda conclusions were reached, which – according to the author of the text – are supposed to contribute to more efficient protection of undergrowth and sustainable as well as rational extraction of its products.

Projekt ustawy o ustroju kolegiów do spraw wykroczeń z 1970 r. w ocenie uczestników dyskusji społecznej

The draft law on magistrate courts for petty offences of 1970 was created within the framework of codification works on petty offence law in the Polish People’s Republic. The fact of sustaining the dependence of magistrate courts of local structures of Home Affairs administration was criticised during public discussion over the draft. Representatives of academics, who participated in the discussion, called for placing magistrate courts by local bodies of state administration or even transforming them into special courts. They postulated depriving the Minister for Home Affairs of the right to establish general principles for criminal policy and granting the Supreme Court with the judicial supervision over case-law magistrate courts. Those postulates served as the basis for the political system reform of 1990, which placed magistrate courts for petty offences in the structures of the Ministry of Justice.

CRIMINAL PROTECTION OF TRADEMARKS RELATED TO THE OLYMPIC GAMES

Intellectual property rights, especially trademarks, played an important role in organization and promotion of the Olympic Games and commercial exploitation of sport. In fact, without granting intellectual property rights related to the Olympic Games there would be nothing to be exploited and nothing to commercialize as well as no income would be generated. If there were no financial returns the sport events would not look like this these days. As still growing part of economic value of sport is connected with intellectual property rights the protection of symbols and names related to the Olympic movement has become an important issue as it is essential for the proper functioning of the Olympic movement and efficient conducting of the next Olympic Games. One of the research issues is an attempt to answer the question if it was right to place by the Polish legislator the petty offence consisting in the unlawful use of the Olympic symbols in the act on sport, or if it should be placed in the Petty Offence Code or should only be protected within the regulation of the act on Industrial Property Right, acts on Suppression Unfair Competition or the act on Copyrights and Related rights. In Author’s opinion placing the discussed type of offence in the act on sport was the right solution. It seems so, due to the fact that the character of this offence corresponds to the specificity of the matter regulated by this act. Thus the criminal regulations of the act on sport form a consistent whole and they comprehensively regulate the given matter. Critical remarks can be made in relation to the quality of the discussed regulation. In the first place, a change in features of the infraction in question made as part of regulations of the act on sport, consisting of adding the phrase “for commercial purposes” should be assessed critically. In this scope de lege ferenda one should be in favour of coming back to the previous legal state, which did not differentiate the unlawful use of the Olympic symbols in respect of the purpose or form. In the article the following research methods were used: comparative method, the method of systemic analysis and the historical method. The research was based on prescriptive acts, comments and the Polish and foreign literature.

The Lost Life of Ira Daniel Aldridge (Part 2)

The sons of famous men sometimes fail to succeed in life, particularly if they suffer parental neglect in their childhood and youth. Ira Daniel Aldridge is a case in point—a promising lad who in his formative years lacked sustained contact with his father, a celebrated touring black actor whose peripatetic career in the British Isles and later on the European continent kept him away from home for long periods. When the boy rebelled as a teenager, his father sent him abroad, forcing him to make his own way in the world. Ira Daniel settled in Australia, married, and had children, but he found it difficult to support a family. Eventually he turned to crime and wound up spending many years in prison. The son of an absent father, he too became an absent father to his own sons, who also suffered as a consequence. Ira Daniel’s story is not just a case study of a failed father-son relationship. It also presents us with an example of the hardships faced by migrants who move from one society to another in which they must struggle to fit in and survive. This is especially difficult for migrants who look different from most of those in the community they are entering, so this is a tale about strained race relations too. And it takes place in a penal colony where punishments were severe, even for those who committed petty offences. Ira Daniel tried at first to make an honest living, but finally, in desperation, he broke the law and ended up incarcerated in brutal conditions. He was a victim of his environment but also of his own inability to cope with the pressures of settling in a foreign land. Displacement drove him to fail.

Liability of members of the medical profession for failure to render assistance to road accident victims in polish criminal law

Abstract Introduction In Poland the most common causes of death from several years include cardiovascular diseases, cancers and injuries, among which the most numerous are road traffic injuries. It becomes essential to have the knowledge on how to behave in case of a traffic collision. On the other hand, criminal law needs to ensure protection of human life and health from the omission of effective assistance by bystanders. A common duty to rescue and immediately notify emergency response centers is in accordance with the Act of 8 September 2006 on the State Emergency Medical Services. Aim The aim of this work was to present principles of criminal liability of members of the medical profession for failure to render assistance to road accident victims. Material and methods Legal-dogmatic interpretation of the law in force in Poland was provided through the prism of Supreme Court rulings and literature. Discussion In Polish criminal law there is no provision that would directly apply to criminal liability of perpetrator for omission to render emergency first aid. Any criminal liability of a person not rendering first aid is based on general principles. It may be based on two provisions of Art. 162 of the Criminal Code and Art. 93 of the Petty Offence Code. Conclusions Every citizen, in accordance with current law, has an obligation to assist first aid to a person in a state of imminent danger threatening the loss of life or serious bodily injury. The possibilities of derogation from the obligation to render assistance to a road accident victim are few, they comprise a closed list. Members of the medical profession (i.e. physician, nurse or paramedic) cannot refuse help to a person in a state of extreme urgency and threatening an immediate danger of loss of life and serious injury, unless rendering assistance poses a risk to health or life of their own.

Porządek publiczny jako zasadniczy przedmiot ochrony prawa wykroczeń i czynnik rozgraniczający z powszechnym prawem karnym

The author reviews those types of prohibited acts under criminal code and petty offences code which provide for public order protection. This serves as an attempt to prove that a value like public order should rather be protected under petty offences code (or other forms of legal sanctions eg. administrative ones) rather than under criminal law. The scope of criminalisation should not be extended towards criminalisation of acts against public order. This can be summarised in a debate on forms of legal reaction to prohibited acts. The review of the relevant act of law becomes the point of departure to formulate the opinion that public order is a separate object of legal protection. It does not require penal sanctions provided for crimes – in spite of well-established opinions in legal literature that petty offences differ from crimes basically only in the degree of social damage they cause. The author also makes numerous observations of a classical penal reaction indicators which can be described as “punitive type sanctions”. This proves that our times bring an abrupt increase of legal regulations which create norms of public order and prohibit acts of administrative character which do not belong to the area of criminal law and should not require sanctions provided for acts classified as crimes. A thorough examination of types of petty offences made in the article provides a surprising picture of what the legislator included under the sphere of public order. Names of particular divisions of the code are irrelevant here. In the view of the examination of the acts prohibited by petty offences code, public order is recognised by designators, that is objects protected by particular types of acts, regardless of the title of the chapter they were placed in. They include quiet night hours, protection of plants in public green areas, lack of graffiti on buildings, freedom from aggressive prostitution offers, beggary without a substantial cause, lack of soil in public places, conducting a business without registration required by law, registration of place of residence, obeying rules on public roads, freedom from various forms of disturbance of peace and quiet, freedom from infringements of public assembly or no production of skeleton keys and seals or stamps without a licence. There is also a category of bitypical offences that is prohibited acts which are classified as a petty offence or a crime depending on the value of property (eg. theft of an item of values less than PLN 250 is a petty offence, not a crime). In the opinion of the author, if they are classified as petty offences they can also be included in the category of violation of order, although this order has more of a civil that administrative character. Separate comments concern the criteria of classification of petty offences in fiscal penal code.

Kara pracy poprawczej w orzecznictwie karno-administracyjnym Polski Ludowej

The penalty of corrective labor was introduced into Polish system of jurisdiction in petty offences cases in 1951 and it replaced the penalty of arrest. The essence of this penalty consisted in the duty to work in appointed place and part of salary was confiscated. The idea was that this penalty will have educational influence on the sentenced person and it will bring him up to live in the socialist society. However, the practice was different. In fact the state was only confiscating a part of salary, so this punishment was rather a kind of a fine in instalments. The penalty was inefficient especially in hooligan nature cases, and it was gradually replaced by the penalty of arrest. In December 1958 the correctional labor penalty was abolished and the boards judging petty offences (not courts) were empowered to decree the punishment of arrest. It was a retreat from the earlier concepts of the educational role of this jurisdiction. The modified version of this penalty exists till now in the petty offences’ code from 1971. It is known as „penalty of restricted liberty”. This penalty can be replaced now by penalty either of arrest or fine.

Psychiatric services for remanded mentally disordered offenders: the Brixton Diversion Project

There is growing concern about the care received by mentally disordered offenders (MDOs). The prevalence of psychiatric disorder among the remanded group has received considerable attention (Coid, 1988). Some MDOs are remanded in custody following even petty offences on account of their vulnerability or because their homelessness prejudices bail. Where the offence is serious a remand in custody may be inevitable.

Przestępczość i polityka karna sądów w Węgierskiej Republice Ludowej

Przestępczość i polityka karna sądów w Węgierskiej Republice Ludowej

Public perception of sentencing in Perth, Western Australia

The present study replicates some of the key findings of earlier “revisionist” studies of public attitude towards the punishment of offenders: 554 Perth residents were interviewed from a sample frame of 800. Most respondents overestimated the amount of crime which involves violence, and tended to see the murder rate as “increasing” when it is not. Most (76%) said that sentences “are not severe enough”. However, 80% of these reported that they were thinking of a violent criminal when answering that question. It is suggested that general questions about crime may essentially reflect respondent concern about violence.The second part of the interview involved a split sample designed to test differences in responses to two types of item presentation. Approximately half the sample (288) were asked to chose a penalty they considered appropriate for three offences. The other half were given brief descriptions of the offence and the offender and then asked to choose an appropriate penalty. The minimum sentences were significantly lower for the group given the case descriptions. The results are interpreted as suggesting that public responses to questions of punishment are largely influenced by stereotypes.A good deal of acceptance was found for proposed alternatives to imprisonment. The most popular (75%) said “year, in all or most cases”) was the use of attendance centres. Most respondents also favoured programmes for fine defaulters, on-the-spot fines for petty offences and a day fine system “in all or most cases”. The implications of the results are discussed in terms of survey methodology and sentencing reform.

Determinants of Delinquency in Female West Indian Migrants

A sample of young West Indian females were interviewed whilst being on remand for petty offences. Most were suffering from adjustment reactions of adolescence, a half had previously been convicted and a third gave a history of parasuicide. On investigation, it was found that there had been a characteristic pattern of multiple separation experiences, which had been closely related to the onset of early symptoms of maladjustment, with subsequent delinquency. As this pattern of separation experiences is not found among delinquents in the West Indies, this should indicate that such pathogenic experiences may be related to residence in the new environment in Britain. Early pregnancy may constitute a further separation experience, which may also be stressful in vulnerable individuals.

Child Abuse: Professional Paralysis

In this composite case study, the names and some details have been altered to protect the innocent, and the guilty.Sue was nineteen years old and three months pregnant when she came into contact with a hospital. She had successfully concealed the pregnancy and claimed that she had only just realised her predicament. Referred to the social worker, by the time she got around to saying that she wanted an abortion it was too late. Adoption was explored, and she finally agreed, only to later change her mind. As the weeks went by, Sue, and her boyfriend, made no preparations for the birth, and neither of them talked about the expected child with any pleasure. The social worker discovered that both Sue and her boyfriend came from deprived backgrounds. Sue had been beaten and sexually assaulted by her father and was eventually made a State Ward after her father had died and her mother had claimed she was uncontrollable. Her boyfriend had had a history of psychiatric treatment and a criminal record for petty offences.

Przestępstwa stwierdzone w latach 1970-1974 oraz osoby podejrzane o ich dokonanie

The publication compiles data from police records on the offences cleared up in Poland in 1970—1974 and the persons suspected of them. In view of the legislation changes that have taken place in Poland in the meantime, a comparison of the data presented now with those of 1965— 1969 and published in volume five of the Archives of Criminology is very difficult. In Poland since 1970 a new Penal Code has been in force and since 1972 a Contravention Code. On the basis of the latter some petty offences (to which a theft of a property worth less than 500 zlotys was included) were recognized as petty misdemeanours.

Through the Eyes of the Probation Officer

I do think of Mrs. Rose now as one of my friends but that was not the way it was when, as a new, young probation officer in 1955,1 opened the request from the Ascot Court for a pretrial enquiry on a Mrs. Rose charged with defrauding the National Assistance Board. Ascot had only given me a few days' notice. Enquiries frightened me; I always expected to find people hostile to me because I came from the court which they must hate. I had yet to learn that few people dare be openly hostile and that many are relieved to talk about their fears of what is going to happen. Even knowing this has not taken all the anxiety out offirst meetings. But it has helped. In fact I never saw Mrs. Rose until after she had gone to court and had been placed on probation. Later, when she told me of her terror of being sent to prison, of being chained up and made to sew mail bags, I was sad not to have seen her before the court because I could have lessened her terror a little. I had been taught that one must not predict what courts will do and that in casework one should not reassure, but these seemed harsh rules when face to face with frightened people. Quite quickly I had found ways of saying that, although no one could be certain, courts did not usually send mothers of defective daughters to prison for petty offences. But this Mrs. Rose found out for herself since she had already left for Ascot when I was knocking on her van door in an attempt to make an enquiry. I met her when I went to serve the probation order. This was not the way I liked to meet my probationers, as people are easier to get to know in a crisis when their future is uncertain, than when they know the worst has not happened and they have been 'let off' with probation. I also felt safer knowing something of my probationer's family history. I could ask for that when I had the excuse of a court report but I was not yet profession ally secure enough to tell my clients I needed to know about them in order to help them. I would have expected them to rebuff me and to say I could not help them anyway, which was what I feared myself. So I felt at a di§

Ungodly Carriages on Cape Cod

IN first half eighteenth century, Rev. Nathaniel Stone Harwich (Brewster) had more influence on Cape Cod thinking than any other man. Firm in Calvinist piety, he fought against Rev. Samuel Osborn Pochet in Eastham (Orleans) from 1718 to 1738. After two decades this remarkable controversy, Mr. Stone had Mr. Osborn removed. Then there other developments. Nathaniel Stone was graduated in 1690 from Harvard, where he was of note chiefly for petty offences committed with surprising regularity.'1 In 1700 Harwich, organizing its church with eight members, made him its first pastor. He was sure the ministry Christ's appointment is ever to be devolved on superior persons from foundation church, persons qualified. Superior and distinguishingly qualified because he was a Harvard man, he was God's elect among foremost. Throughout his Cape pastorate fifty-five years, he acted as if he a bishop. Some opposed his arrogance. Quaker John Hammett wrote: The prophets themselves so far from ascribing their prophetic qualifications to a collegiate education that they wholly ascribe it to spirit God. If Nathaniel Stone were a true minister gospel, endowed with humility and mortifying his pride, self-conceitedness, and ambition, he would not so often sound trumpet his own fame, and self-commendation, and so often court and persuade people to reverence and admire him.2 Cotton Mather called him a wilful, furious, wretched minister, with always grievous ways embroiling peace churches.3

Trial by Jury for Petty Offences

Trial by Jury for Petty Offences