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Vështrim Sociologjik mbi Trafikimin e Grave dhe Adoleshentëve në Shqipëri

Vështrim Sociologjik mbi Trafikimin e Grave dhe Adoleshentëve në Shqipëri

Author(s): Lekë Sokoli,Ilir Gëdeshi / Language(s): Albanian / Issue: 3/2007

Nga 23 vajza të jetimores së Korçës, 15 prej tyre janë trafikuar. Disa janë bërë nëna dhe ende vazhdojnë të (ri)trafikohen. Ndër 245 vajza të trafikuara, por të riatdhesuara, 87 prej tyre (pra 35.5 për qind) janë adoleshente të grupmoshës 13-18 vjeç. Edhe pjesa tjetër është trafikuar për herë të parë kur ka qenë brenda kësaj grupmoshe dhe përgjithësisht kanë përsëritur ciklin e trafikimit disa herë (CRCA, 2003; Vatra, 2002) . Sipas të dhënave zyrtare, që u referohen denoncimeve të familjarëve, mbi 600 femra shqiptare ende quhen të zhdukura.

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Vodič u postupanju: nasilje u porodici – Dodatak Priručniku za sudska razmatranja slučajeva nasilja u porodici u Bosni i Hercegovini

Vodič u postupanju: nasilje u porodici – Dodatak Priručniku za sudska razmatranja slučajeva nasilja u porodici u Bosni i Hercegovini

Author(s): Nenad Galić / Language(s): Bosnian / Publication Year: 2016

Vodič u postupanju sadržinski je komplementaran Priručniku: Sudska razmatranja slučajeva nasilja u porodici u BiH i pripremljen je kako bi sudijama poslužio kao dodatni izvor korisnih informacija u vezi s nasiljem u porodici. Kao takav, vodič obrađuje oblasti koje se nadovezuju na teme i preporuke iz priručnika; ali sadrži i poglavlja koja obrađuju nove teme od značaja za sudsko razmatranje predmeta nasilja u porodici. Prvo poglavlje pruža sažet teorijski okvir nasilja u porodici koji je važan za cjelovitije razumijevanje kompleksnosti fenomena nasilja u porodici. U okviru ovog poglavlja definirano je zlostavljanje kao nasilje u porodici; objašnjeni su uzroci nasilja u porodici; ukratko su predstavljeni faktori rizika povezani sa nasiljem u porodici a koji se često u praksi pogrešno tumače kao uzroci nasilja; te je prikazana tipologija nasilnih veza i njen značaj za rad pravosudnih aktera. U drugom poglavlju predstavljena je tematika poznavanja konteksta nasilja u porodici, a kako bi sudovi imali potpuniju sliku prilikom razmatranja predmeta nasilja u porodici. U ovom dijelu posebno su predstavljene sljedeće teme: seksualno zlostavljanje kao nasilje u porodici, izloženost djece nasilju u porodici i posljedice nasilja na djecu, te davljenje kao oblik ekstremnog nasilja u porodici. Svako potpoglavlje sadrži praktična uputstva za sudije u vezi sa datom temom, s ciljem informiranja sudijske prakse tokom različitih faza krivičnog postupka.

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Voințã juridicã și subiect culpabil ¬- scurte considerații plecând de la lucrarea Karman a lui Giorgio Agamben
Recenzie-articol

Voințã juridicã și subiect culpabil ¬- scurte considerații plecând de la lucrarea Karman a lui Giorgio Agamben Recenzie-articol

Author(s): Ionut Tudor / Language(s): Romanian / Issue: 2/2018

Reviewing Giorgio Agamben’s book Karman has determined some reflections on Latin words like culpa, causa and crimen, key concepts for understanding the legal-political construction of the Western world. Although he uses sources also from Roman law, a variety of other sources is being used, like philosophical and theological literature to underline layers of latent meaning which provokes us to a conceptual reconsideration of what we consider already stable in our historical knowledge

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Vojni osuđenici u Kaznenom Zavodu Zenica u periodu 1918-1941. godine

Author(s): Vahidin Mahmutović / Language(s): Bosnian / Issue: 23/2019

According to the Law on the Execution of Sentences of Imprisonment, as well as the Bylaw on the roster of detained persons at certain prison facilities, in Zenica prison were primarily assigned prisoners sentenced for the most serious criminal offenses provided by the Criminal Law of the Kingdom of Yugoslavia. However, based on that same Bylaw it was envisaged that in addition to civilian also military prisoners were assigned to Zenica prison, such as the military ranks, corporals, sergeants and civilians serving in the army and the navy, sentenced by the Bosnian Divisional Military Court in Sarajevo to imprisonment, a maximum-security prison and imprisonment of one to five years.

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Vojni sud u Bjelovaru 1992. - 1996.

Vojni sud u Bjelovaru 1992. - 1996.

Author(s): Željko Pleskalt / Language(s): Croatian / Issue: 8/2014

This paper presents the operation, organisation, as well as venue and criminal jurisdiction, of the Court-Martial in Bjelovar in the period 1992–1996, after which it was abolished, on the basis of the court archival material that is in safekeeping at the State Archives in Bjelovar and the then valid regulations and ordinances. Courts-Martial were relatively briefly a part of the judicial system of the Republic of Croatia during the period of its gaining independence and liberation. Despite many difficulties, their operation contributed efficiently to the functioning and protection of the rule of law.

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Votul prin corespondenţă şi infracţiunile electorale

Votul prin corespondenţă şi infracţiunile electorale

Author(s): Teodor Manea / Language(s): Romanian / Issue: IV/2016

With the introduction of the 288/2015 law our national legislation know the institution of the correpondence ballot as part of the postal voting system. The procedure is meant to be used only be the persons with the right to vote that have their domicile or residence abroada and it shall be used only in the elections for the Parliament members. Our discussion starts by pointing aut that the text of this special law does not have any penal norms we notice that in its case the electoral infraction from the Penal Code are to be applied. Nevertheless, the answer of the legislator of not providing a distinct infraction for the postal voting system is an unfortunate one, especially when taking into account the solutions provided by other law systems. Debating around the specific nature of the procedure, coupled with the multiple problems that arise in practice within our present context we believe there is a need for an exclusive incrimination to protect the postal voting system.

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Vremensko ograničenje primjene hrvatskog Zakona o pravosudnoj suradnji u kaznenim stvarima s državama članicama Europske unije – na marginama (još) jednog zakonodavnog eksperimenta

Vremensko ograničenje primjene hrvatskog Zakona o pravosudnoj suradnji u kaznenim stvarima s državama članicama Europske unije – na marginama (još) jednog zakonodavnog eksperimenta

Author(s): Davor Derenčinović / Language(s): Bosnian,Croatian,Serbian / Issue: 14/2013

This article offers in depth overview of the chronology and the rationale for legislative amendments concerning temporal restriction of the procedure pursuant to Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States in the Republic of Croatia. The author focuses on the introduction of the temporal restriction by the Amendments to the Croatian Law on Judicial Cooperation in Criminal Matters with European Union Members States adopted on 28 June 2013, just a few days prior to the Croatian accession to the European Union on 1 July 2013. According to these Amendments, Croatian implementing legislation was not applicable to the criminal offences committed before 8 August 2002. Soon after the European Commission, claiming that Croatia has been in violation of the Framework Decision, initiated the procedure under article 39 of the Croatian Accession Treaty (imposing of measures/sanctions), this restriction was eventually removed from the implementing legislation. Through a comparative analysis with other member states that introduced similar restrictions in their implementing legislation, the author comes to the conclusions about the justification for the temporal restriction, the manner this was done in Croatia as well as to the foreseeable implications on the mutual recognition principle introduced by the Framework Decision.

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Vremensko ograničenje primjene hrvatskog Zakona o pravosudnoj suradnji u kaznenim stvarima s državama članicama Europske unije – na marginama (još) jednog zakonodavnog eksperimenta

Vremensko ograničenje primjene hrvatskog Zakona o pravosudnoj suradnji u kaznenim stvarima s državama članicama Europske unije – na marginama (još) jednog zakonodavnog eksperimenta

Author(s): Davor Derenčinović / Language(s): Croatian / Publication Year: 2013

This article offers in depth overview of the chronology and the rationale for legislative amendments concerning temporal restriction of the procedure pursuant to Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States in the Republic of Croatia. The author focuses on the introduction of the temporal restriction by the Amendments to the Croatian Law on Judicial Cooperation in Criminal Matters with European Union Members States adopted on 28 June 2013, just a few days prior to the Croatian accession to the European Union on 1 July 2013. According to these Amendments, Croatian implementing legislation was not applicable to the criminal offences committed before 8 August 2002. Soon after the European Commission, claiming that Croatia has been in violation of the Framework Decision, initiated the procedure under article 39 of the Croatian Accession Treaty (imposing of measures/sanctions), this restriction was eventually removed from the implementing legislation. Through a comparative analysis with other member states that introduced similar restrictions in their implementing legislation, the author comes to the conclusions about the justification for the temporal restriction, the manner this was done in Croatia as well as to the foreseeable implications on the mutual recognition principle introduced by the Framework Decision.

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Vukovarska tragedija 1991 – U mreži propagandnih laži i oružane moći JNA (Knjiga II)

Vukovarska tragedija 1991 – U mreži propagandnih laži i oružane moći JNA (Knjiga II)

Author(s): Sonja Biserko / Language(s): Serbian / Publication Year: 2007

Cilj ove studije je analiza uloge Operativne grupe Jug Oružanih snaga SFRJ (Gardijske motorizovane brigade i dodatne jedinice) tokom dejstava u Slavoniji, Baranji i zapadnom Sremu u cilju zauzimanja Vukovara, i nakon tih operacija (od septembra do 24. novembra 1991). Dva su bitna aspekta ove analize. Prvo, u izveštaju se istražuje struktura oružanih snaga SFRJ, doktrina komande i kontrole (nad oružanim snagama i unutar njih), disciplina i ostali važni aspekti. Drugo, u izveštaju se analizira na koji način je Operativna grupa Jug oružanih snaga SFRJ u jesen 1991. izvodila operacije u Slavoniji, Baranji i zapadnom Sremu (i Vukovaru), uključujući odnose između Gardijske motorizovane brigade i drugih oružanih grupa koje su dejstvovale na vukovarskom području pre, za vreme i posle evakuacije vukovarske bolnice. Da bi postigla svoj cilj na najefikasniji način, studija je podeljena na dve velike celine. Svaka celina se sastoji od više delova. Da bi se olakašalo čitanje, svaki deo počinje sažetim prikazom. Skraćenice su navedene i objašnjene posebno u Glosaru.

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Vybrané aplikačné problémy vyhotovovania obrazových, zvukových a obrazovo-zvukových záznamov v slovenskom trestnom konaní

Vybrané aplikačné problémy vyhotovovania obrazových, zvukových a obrazovo-zvukových záznamov v slovenskom trestnom konaní

Author(s): Marcela Tittlová / Language(s): Slovak / Issue: 1/2017

Production of video, audio and image-sound recordings is one of information and technical resources that can be used in criminal proceedings, both as locking Institute in relation to information, and also as one of the evidence. Given the intensity of the action of this institute in fundamental human rights, can express requirement of exactness and consist-ency of the criminal procedural arrangements. The present contribution is critical of the current criminal procedural arrangements of this institute and in connection with its use refers to the number of application problems.

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Vybrané otázky restorativní justice v České republice

Vybrané otázky restorativní justice v České republice

Author(s): Tereza Konečná / Language(s): Czech / Issue: 2/2015

The aim of this topic is to outline the situation in the Czech republic and give you insight into measures, which have been used to fasten and simplified criminal procedure, strenghten the situation of the damaged and the guarantee of his rights. I have focused on two provisions, which had been promising as something magnificent but the expectations have not been met. The main reason is simple. There are a lot of provisions, borders and the delimitation between them have been missing. It is necessary to improve legislation. Some measures with elements of restorative justice have been welcome, however, they have to be well – developed. Quality is much more important than the quantity. I am worried about these provisions, because there is a countertrend. Results have to be seen so new measures have been implemented. I can see a glimmer of hope. It is a new Criminal Procedure Code, that has been preparing. I belive in being surprise.

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Vymožite nos nemajetkovej Ujmy v Dôsledku Usmrtenia pri dopravnej Nehode

Vymožite nos nemajetkovej Ujmy v Dôsledku Usmrtenia pri dopravnej Nehode

Author(s): Juraj Ferenčík / Language(s): Slovak / Issue: 1/2014

The article maps as a form of non-pecuniary damage and damage as a. result of the reckless homicide a. natural per-son in a. car accident in the context of the Slovak legal system, compared directly with the legislation in the Czech Re-public. Post include also judgments of Slovak courts, the fundamental judgement of Court of Justice of European Un-ion in the case of non-pecuniary damage. e article develops individual institutes, figuring at reckless homicide as a result of irregularities with an emphasis on claims for non-pecuniary compensation for bereaved persons.

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Vyšetřování pojistných podvodůa jejich prokazování pracovníky pojišťoven

Vyšetřování pojistných podvodůa jejich prokazování pracovníky pojišťoven

Author(s): Vlastimil Pršal,Václav Kučera / Language(s): Czech / Issue: 1/2017

Criminal offence of the insurance fraud is always aimed against the property of legal per-sons (insurers), therefore we can presume a partial latency of the criminal offences that cannot be accurately estimated. Both of the Criminal Police and specialized departments of insurance companies are engaged in detection of this kind of criminal offence. Incentives to insurance fraud investigation are obtained by police from insurance company representatives and from their own operational activity. While detecting litigious loss occurrence the insurance companies use predictive detection methods, especially screening of subjects (client, insurance agent, etc.). The software tools as a special statistic modelling algorithms based on evaluation of historical data and reporting service that automatically report activity of monitored subjects are used. Proving insurance fraud is a complex process, however it can be said that the insured event is fraudulent event in the case that fraudulent conduct applies only to the portion of a raised claim.

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Vytautas Landsbergis, Lithuania - Speech at the Conference “Crimes of the Communist Regimes”, Given on 25 February 2010, Prague

Vytautas Landsbergis, Lithuania - Speech at the Conference “Crimes of the Communist Regimes”, Given on 25 February 2010, Prague

Author(s): Vytautas Landsbergis / Language(s): English / Publication Year: 0

Ladies and Gentlemen, allow me first to say some remarks on war crimes. The most terrible war crime is the war itself. More precisely, somebody’s initiated war of deliberate destruction and conquest, usually based on conspiracy and betrayal of the given international commitments, without regard for the caused human suffering – this is the war crime Number one. If there is no war, where would war crimes come from? The state – initiator and conqueror – comes there as a perpetrator responsible for its deeds. Sometimes all this, as well as the situation of crime, are fixed immediately, in flagranti. Both initiators of the Second World War were excluded or kicked out of the League of Nations as aggressors and blood-spotted robbers of their smaller neighbours. Th en it was clear: the condemned and politically punished states were Germany and the USSR, not the “regimes” or ideologies, to remind of the usual misty self-deception and self-confusion of nowadays. The common starting point for both in 1939 was Poland and Finland, with Baltic States still anticipating their execution. Just before that latter happened, the looters or marauders were in advance bargaining for the forthcoming conquest of the neighbouring lands.

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Využití algoritmů při profilování v trestním řízení a důsledky pro lidská práva

Využití algoritmů při profilování v trestním řízení a důsledky pro lidská práva

Author(s): Eva Fialová / Language(s): Czech / Issue: 2/2018

Algorithms are replacing activities that have previously been performed by humans. One of these activities is judicial decision making based on algorithms. It is generally assumed that algorithmic decision making, as opposed to the human decision making, is free from prejudice and bias. This assumption is problematic in two ways. Firstly, the algorithm decides according to pre-specified criteria and values. These values are chosen by humans who may include among the predefined criteria the criteria that correspond to their prejudices and preconceptions. Secondly, some algorithms may have their own learning ability, which means that the generated results are adapted to the previous ones to which were given preference in the past. The users may have the possibility to choose precedents that correspond with their point of view, which may be based on prejudice. In the United States and also in some European countries an algorithm is already being used by courts to assess whether or not it is likely that the accused (or condemned) will commit another crime in the future. The judge does not decide based on the circumstances of the case and individual characteristics of the accused. The judge decides instead on the basis of a profile. The profiles are based on personal data of the offender. Some of those data have a character of biometric data. The algorithmic decision making based on profiling raises concerns about the rights of the accused in the judicial proceedings, namely the prohibition of discrimination and the right to a fair trial.

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W kierunku kodyfikacji administracyjnego prawa materialnego

W kierunku kodyfikacji administracyjnego prawa materialnego

Author(s): Tomasz Bąkowski / Language(s): Polish / Issue: XXXI/2014

A code is recognized as the most complete form of organizing and systematizing the various areas of law. One of the primary purposes of a code is to gather regulations concerning the sphere of a particular social relations, which are disseminated in various legal acts, in one place. The unquestionable position of codes in the legal system refers primarily to the long tradition of the codification of private law and criminal law. The situation is different in case of administrative law. Obstacles to codify this branch of law are perceived in the large diversity of its subject and sensitivity to change unprecedented in private law. Nevertheless, the works on the codification of the so-called general administrative law,organizational administrative law and specific areas of administrative law are carried out for many years. However, the attempts to establish the general rules of administrative law were accompanied by many doubts. The proposals concerning these rules are still at the stage of doctrinal discussion and questions. The works on the draft of the Code of Construction Law, undertaken at the end of 2012, can be considered as a turn to the ,,staged codification” of administrative law. The systematic increase of administrative regulations,which can be observed for a long time, forces the consolidation within the specific areas subject to legal regulations. A visible tendency to clarify and embrace more and more areas of public life by public law regulations certainly requires consolidation too. Otherwise, the high degree of the dispersion of normative content will move away these regulations from the standards shaped by the fundamental constitutional principles, including in particular the rule of law and its extensions: legitimate expectation and legal certainty.

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W poszukiwaniu skutecznych metod resocjalizacji sprawców pozbawionych wolności na przykładzie Stanów Zjednoczonych Ameryki

W poszukiwaniu skutecznych metod resocjalizacji sprawców pozbawionych wolności na przykładzie Stanów Zjednoczonych Ameryki

Author(s): Małgorzata Szwejkowska / Language(s): Polish / Issue: XL/2018

In its introduction, the article characterises - in a most comprehensible way - themain objectives of criminal sanctions and their role in preventing crime, according tothe most commonly expressed opinions on the subject from American scholars. It isfollowed by a brief history of assessing the risk of committing an offence in the UnitedStates in recent decades. The risk assessment process was developed before World WarII as a tool to predict possible recidivism in the case of inmates released on parole, butit has been in more common use since 1980s. While the “What works?” movementinitially emerged in the United States, one needs to remember the publication of Robert Martinso’s report that created the “Nothing works” (concerning prison rehabilitation)doctrine. It aided the justification of severe changes in punitive prison policies inthe 1970s that continued well into the 1990s, with the slogans “tough on crime, toughon the causes of crime” being more prominent. It took more than a decade to reestablishsome hope in prison rehabilitation programmes and allow the paradigm shiftsto happen – from the retribution “being tough on offenders” policy to more creativeapproaches towards offenders. By constructive approaches to working with offenders,one means the use of effective methods and techniques to alter criminal behaviourof inmates to prevent their possible relapse into crime (crime prevention).The main goal of the article is to present the most fundamental system in the UScriminal justice system that is most commonly applied nowadays: the Risk-Need-Responsivity (RNR) model and its principles to offender assessment. The aforementionedprinciples were laid down by Canadian scholars, Donald Arthur Andrews andJames Bonta. In that model, “risk” means the identification of specific factors thatare associated with recidivism (in general, depending on a specific crime, e.g. sexualoffenders or offenders who committed violent crimes). Andrews and Bonta argue thata number of factors need to be considered in any comprehensive theory of criminalbehaviour, including biological or neurological issues, inheritance, temperamentand social and cultural factors, while also noting that criminal behaviour is a multifactorialissue. “Need” assesses criminogenic needs and targets them in prison treatmentprogrammes for elimination, while “responsivity” intends to maximise the offender’sability to learn how to combat possible recidivism through rehabilitative intervention,providing cognitive behavioural treatment – with the said intervention being tailoredto the learning style, motivation, abilities and strengths of the offender.Risk assessment is applied during different stages of the criminal procedure: beforesentencing and during the period of time when the criminal sanction is executed, i.e.while serving a custodial sentence. It must be noted that, in the US justice system, judgesare not the only people obliged to assess the potential risk of an offender relapsinginto crime in the future. Prison officers are also tasked with such assessment. Throughthe application of the RNR model, it is possible for the prison staff to divide inmatesinto specific groups, depending on security levels and adequate treatment programmes.In that case, the assessment tools based on the RNR model not only allow a predictionof a possible relapse into crime, but also a proper allocation of convicts to rehabilitationprogrammes provided within prisons. A convict undergoes an evaluation before andafter the treatment. Such evaluations are imposed on most prisoners, so performingthem does have an impact on the financial and human resources of a given penitentiaryunit.The most important question, “What works in prison?” is answered by the majorityof scholars through propositions of providing cognitive and behavioural skill programmesto the convicts. They have clear criteria to ensure that objectives, methods andapplication of rehabilitation programmes correspond with the needs of criminaloffenders. The conclusion of the research is meant to prove that providing offenders with such treatment (based upon the RNR model) may have a positive effect on re -ducing the risk of relapse into crime in the future. However, the appropriate methodsof treatment are based not only on psychotherapy (or, sometimes, on pharmacologicaltreatment), but also on education, vocational training, personal development, strengtheningself-control mechanisms and improving interpersonal skills.

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W sprawie zakresu odpowiedzialności prawnej prezesa Najwyższej Izby Kontroli

W sprawie zakresu odpowiedzialności prawnej prezesa Najwyższej Izby Kontroli

Author(s): Marek Chmaj,Tomasz Czech,Przemysław Sadłoń,Anna Młynarska-Sobaczewska,Wojciech Orłowski,Andrzej Szmyt,Sławomir Steinborn,Andrzej Bisztyga,Sabina Grabowska / Language(s): Polish / Issue: 6/2015

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W. Wróbel, A. Zoll, Polskie prawo karne. Część ogólna. Podręcznik, Wydawnictwo „Znak”, Kraków 2011 – Recenzja ważnego fragmentu

W. Wróbel, A. Zoll, Polskie prawo karne. Część ogólna. Podręcznik, Wydawnictwo „Znak”, Kraków 2011 – Recenzja ważnego fragmentu

Author(s): Jan Widacki / Language(s): Polish / Issue: 1/2012

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Wacław Makowski o radzieckim prawie karnym

Wacław Makowski o radzieckim prawie karnym

Author(s): Mariusz Mohyluk / Language(s): Polish / Issue: 1/2009

Wacław Makowski (1880–1942) was an outstanding Polish politician, lawyer and scientist. He was one of the authors of the 1932 criminal code and of Polish constitution of 1935 (so called April Constitution). His scientific interests included also Soviet penal law. He wrote the preface to Soviet Penal Code of 1927 (Kodeks karny Rosji Sowieckiej 1927, Warszawa 1928). His critical remarks on Soviet penal law, although not very spacious, are important, because he questioned common opinion in the scientific Western world about this law. He criticized opinion that Soviet penal law was based on views of the Italian school of positive law. He started the discussion on Soviet penal law in Polish jurisprudence. This discussion seemed to be very interesting, but it was interrupted by the outbreak of World War II.

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