List of academic works from the Institute of Justice

 

2016 

CIVIL LAW

[383] Capacity to be a party in court proceedings of a branch of a foreign business: legal and comparative context - Mateusz Pilich PhD

[382] The impact of liquidation proceedings initiated in selected common law European countries on the course of legal proceedings of a fact-finding and enforcement nature conducted in Poland. The impact of the launch and outcome of proceedings in common law countries on the existence of a claim asserted before a Polish court - Anna Hrycaj PhD, Anna Michalska

[381] Contracts for the use of an object (legal and comparative perspective) - Witold Borysiak PhD

[380] Leasing contracts in the jurisprudence of common courts - Mateusz Grochowski PhD

[379] Lease and tenancy contracts in the jurisprudence and practice of legal transactions - Jacek Sadomski PhD

[378] The assertion of a claim for damages for the costs of repair of a replacement vehicle under a third party liability motor insurance policy (legal and comparative perspective) - Prof. Roman Trzaskowski PhD, Witold Borysiak PhD

[377] The assertion of claim for damages for the costs of repair of a replacement vehicle under a third party liability motor insurance policy: prospects for reducing the number of, or of facilitating, court proceedings - Marcin Krajewski PhD

[376] The civil liability of a judge (legal and comparative perspective) - Witold Borysiak PhD

 

2016 

CRIMINAL LAW AND CRIMINOLOGY

[375] The safety of court probation officers: outcomes of a survey study - Anna Janus-Dębska PhD, Małgorzata Gronkiewicz-Ostaszewska

[374] The crime of trafficking in human beings – the construction of the notion of “trafficking in human beings”, the manner of conducting interviews related to trafficking and obtaining other evidence of this crime, the characteristics of victims and perpetrators - Konrad Burdziak PhD, Paulina Banaszak

[373] A review of case files and jurisprudential approaches to cases of offences contrary to Art. 203 CC and Art. 204 § 3 CC committed to the detriment of a minor – procedural aspects related to the participation of minors in the reviewed criminal proceedings and an assessment of the appropriateness of the applicable rules of the Code of Criminal Procedure - H. Paluszkiewicz PhD, M. Błaszyk

[372] Criminal law remedies that protect consumers against obligations to deliver disproportionate performances under mutual contracts requested by businesses – the legal and comparative aspect - Marcin Byczyk PhD

[371] The application of the educational measure of the placement of a minor at a youth educational centre by family and juvenile courts and the corrective measure imposed by family and juvenile courts according to statistics and case file research - Justyna Włodarczyk-Madejska

2016 

CONSTITUTIONAL AND POLITICAL LAW

[370] Selected aspects of consumer bankruptcy – an empirical analysis - Ewa Izabela Fiedorowicz, Daria Popłonyk

[369] Dedicated research and statistical tools used to determine the actual workload and effectiveness of judicial staff in the context of determining workforce levels and expenditures in courts in selected EU states and Switzerland - project originator and coordinator: Przemysław Feliga PhD

[368] Judges’ disciplinary liability and declarations of property  - project originator and coordinator: Przemysław Feliga PhD

[367] A legal and comparative analysis of selected Member States (Germany in particular) concerning the existing and planned solutions for the determination of a procedure that should be used upon the receipt of BRIS information - Anna Hrycaj PhD, Aleksandra Machowska, Marek Porzycki PhD

2016 

FAMILY LAW

[366] Permission (leave) of a guardianship court for the provision of a health care service to a minor patient (Arts. 32 and 34 of the Medical and Dental Professions Act  - Jerzy Słyk PhD

[365] Jurisprudence in cases concerning the termination of separation - Prof. Elżbieta Holewińska-Łapińska PhD

[364] Proceedings in cases concerning the exercise of child contact rights that are discontinued under Art. 59820 CCivP - Prof. Elżbieta Holewińska-Łapińska PhD

[363] The effectiveness and purposefulness of long-term supervision (with a 3-year minimum duration) performed by court-appointed family guardians in juvenile cases – a report from case file research - Alina Prusinowska-Marek

[362] Judicial assessment of the effectiveness of the application of legal provisions governing the exercise of child contact rights (Arts. 59815- 59820 CCivP) according to a survey study - Prof. Elżbieta Holewińska-Łapińska PhD

[361] Establishment of paternity by a court with the award of parental responsibility to a father (A report on a study of jurisprudence) - Prof. Elżbieta Holewińska-Łapińska PhD

[360] Selected aspects of adjudication on the placement of a child into foster care - Maciej Domański PhD

2016 

ECONOMIC STUDIES OF THE JUSTICE SYSTEM

[359] Experts in court proceedings. A comprehensive picture of the system according to case file research, surveys, statistical and economic studies - Paweł Ostaszewski PhD, Joanna Klimczak, Justyna Włodarczyk-Madejska, Kamil Joński

[358] Certified translations in the practice of the justice system - Paweł Ostaszewski PhD, Justyna Włodarczyk-Madejska

2015

Organization of the System of Administration of Justice and the Law of Civil Procedure

[357] Article 49 of the Law of July 29, 1997, on Court Enforcement Officers and the Enforcement Procedure – some interpretation issues.

[356] Judicial decisions in the cases to ascertain a labor law employment relation. The labor law employment versus that under civil law.

[355] Indemnities by the Treasury for unlawful actions or failures to act by court enforcement officers.

[354] The enforcement procedure by court enforcement officers – a statistical depiction.

[353] Hearing of a minor in civil law proceedings against the background of the idea of “friendly hearings” of minors. The study report.

[352] The study on the idea of  “friendly hearings” of minors – the report of the extended interviews analysis.

[351] The notion of “overseeing” proper performance by notaries public, as understood in art. 17 sec. 1 of the Constitution of the Republic of Poland, with special account of the Constitutional Tribunal decisions.

[350] A legal nature of the European Certificate of Succession. A comparative analysis of various succession certifications versus the European Certificate of Succession.

[349] Operation of the legal provisions on electronic admonition proceedings – within the phase the objection has been filled in or the case referred to the court of general jurisdiction.

[348] Justice system workers education model – preliminary training home and abroad.

[347] The ways the cases are distributed to courts’ organizational units, as well as to individual judges within those units – in the selected legal systems of the EU States.

[346] Assistant Notary Public. The legal and comparative analysis, as well as functioning of  the institution in the notaries public practice.

Civil Law

[345] Selected legal institutions of the Law on Mental Health Care – the courts’ practice.

[344] Judicial decisions in cases on the right to contact one’s child.

[343] Judicial decisions on alternate care of children being taken in divorce judgments.

[342] The annuity and life annuity cases – the courts’ decision-making analysis.

[341] Taking children away from their parents on grounds provided for in the Law of June 29, 2005, on Counteracting Domestic Violence.

[340] The court trial to establish paternity in the light of enjoying by fathers of their rights.

[339] The consequences of declaring a provision of the template for the agreement forbidden, and of entering it into the register of such illicit provisions in connection with counteracting practices contrary to collective interests of consumers (art. 24 sec. 2 point 1 of the Law on the Protection of Competition and of Consumers) according to the judgements of the Protection of Competition and of Consumers Court.

Criminal Law and Criminology

[338] Evaluation of the Aggression Replacement Training (ART) and the correctional and educational Duluth Program. An empirical study report.

[337] Imposing by courts and performance of the probation duty to participate in correctional and educational programs by those sentenced for the criminal offense of drunken driving  (art. 178a C.C.) – according to the provision of art. 72§ 1 point 6b of the Criminal Code [C.C.]

[336] Imposing by courts and performance of the probation duty to participate in correctional and educational programs by those sentenced for the criminal offense of maltreatment (art. 207 C.C.).

[335] Carrying out the correction and education programs for those sentenced for domestic violence. The survey report.

[334] Providing the Duty Lawyer Scheme (or emergency defense services) in the summary proceedings in the context of prospects to expand it to serve the purposes of the Proposal for a Directive on provisional legal aid (COM (2013) 824 final).

[333] Courts. Poland against the background of other EU Countries.

[332] The problems of the criminal law protection of  personal data.

[331] Holding a public function in a foreign state or an international organization as a ground for a passive or active bribery liability (arts. 228§6 and 229§5 C.C.).

[330]   Mutual recognition of the probation judgments.

[329] [International] Transfer of those sentenced for prison sentences.

[328] Effectiveness of fighting crime against the security of electronically processed data. The report of empirical study on cases on art. 287 C.C.

[327] The rules on, and the scope of, a mutatis mutandis application of the provisions of the Code of Criminal Procedure (C.C.P.) in disciplinary proceedings against notaries public. The rules on bearing costs of such proceedings against the background of regulations concerning other legal professions.

[326] Clerks of the Court in criminal cases – the fields their powers may be extended to cover petty offenses proceedings and executory criminal proceedings.

[325] The courts’ practice as regards the criminal offense of running illegal banking or quasi banking operations.

[324] Imposition and enforcement of precautionary measures towards the perpetrators of sexual offenses who manifest irregularities of their sexual preferences.

[323] Criminal liability for the same deed on grounds provided for in manifold laws - in the decisions of courts of common jurisdiction.

[322] “Criminal collusion in bidding by tender procedure” as one of the forms of the criminal offense provided for in art. 305 C.C.

[321] Execution of fines and other court dues adjudged in criminal proceedings.

[320] Structures of penalties being imposed in Poland and other EU Countries.

[319] The combined sentences in courts’ practice in 2012-2013.

[318] An indecent occurrence – art. 140 of the Code of Petty Offenses (legal analysis and prosecution practice).

[317] Incest in criminal law and criminology.

[316] Application of art. 62a of the Law on Counteracting Drug Addiction.

[315] The penal measure of deprivation of public rights. Legal analysis and courts’ practice.

2014

Organization of the System of Administration of Justice and the Law of Civil Procedure

[314]  A prospective final model of the execution by Court Enforcement Officers.

[313] Law on court dues in civil law cases – the functioning analysis – de lege ferenda suggestions – the concept and coordination of the project.

[312] Dues and costs in the system of execution by Court Enforcement Officers - a statistical depiction.

Civil Law

[311] An extended collective management of copyright and adjacent rights.

[310] Construction Works Contracts.

[309] Last wills in an oral form (art. 952 of the Civil Code) and their functioning.

[308] The industrial property rights in the decisions of the courts of common jurisdiction.

[307] Some remarks about the decisions of the courts of common jurisdiction in the field of consumer sale.

[306] Courts’ decisions in suits to permit actions exceeding the scope of the child’s property regular management.

[305] Mortgage in the light of courts’ decisions. A de lege ferenda analysis.

[304] Entrusting one parent with a parental authority in the divorce judgment.

[303] Effectiveness of legal instruments to protect bank’s debtor-consumer in the light of courts’ decisions.

[302] Application of EU legal provisions by the Supreme Court (S.C.).

[301] Agency contract in the decisions of courts of common jurisdiction.

[300] Prejudicial questions of Polish courts of common jurisdiction.

[299] Parents’ emigration for a living and its impact on exercising the parental authority in the decisions of Polish Family Courts.

[298] A Dissolvable Adoption in the decisions of courts of common jurisdiction (excluding that of step-children).

Criminal Law and Criminology

[297] Preparatory Session of the trial court (art. 349 C.C.P.)

[296] Relapsing into crime by juvenile offenders in selected countries.

[295] The institutional answer to the behaviors regarded as manifestations of juveniles’ demoralization.

[294] Manifestations of Demoralization as the basis of actions to be taken by Family Courts towards juveniles.

[293] Availability of the materials qualified as “secret” or “top secret” in criminal proceedings.

[292] Using information gathered informally by the police by criminal trial courts.

[291] Crime and criminal and prison policies in Poland in 1990 – 2012/13. Atlas of Crime in Poland.

[290] Types of the criminal offense of passive and active bribery aggravated due to the feature of violation of the law resulting thereon.

[289] Abduction or holding a minor against the will of his or her guardian.

[288] The criminal offense of insulting one’s religious emotions. Legal analysis and prosecution practice.

[287] The criminal offense of causing a destruction of or a damage to an object of historical value.

[286] Prospects to establish the office of the European Public Prosecutor.

[285] The criminal offense of an illegal taking or publishing the image of  a naked person – art. 191a C.C. (legal analysis and prosecution practice).

[284] The criminal offense of euthanasic homicide (legal analysis and prosecution practice).

[283] Serving a custodial sentence in the system of electronically monitored home detention.

[282] Consistency in sentencing. The statistical depiction of  the use of penal sanctions in different court districts.

[281] The new organizational and functional model of the Public Prosecutors’ System. Suggestions to adjust the Public Prosecutors’ System and public prosecutors’ procedure of actions to fit the new draft model of the Law on Public Prosecutors’ System and the Code of Criminal Procedure, as amended.

2013

Civil Law

[280] The regulations on mediation in civil law cases in the EU (a comparative study).

[279] Implementation in Poland of the Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters.

[278] Selected types of guardianship in courts’ practice.

[277] Legal incapacitation in Polish law versus the selected standards of international protection of human rights.

[276] The subject matter scope of the Supreme Court’s judicial supervision over the resolutions by notaries public’  professional organization.

[275] Action to quash the judgment of an arbitration tribunal as a form of State supervision over such tribunals.

[274] The scope and ways to ensure the compulsory disclosure by companies of the documents  to be disclosed in commercial register in accordance with the Directive 2009/101/EC of the European Parliament and of the Council of 16 September 2009.

[273] Disregarding the liquidation and bankruptcy procedures while deleting a legal entity from the National Register run by Courts.

[272] Procedure in re the ban to run business.

[271] The spouse’s counterclaims in execution proceedings - arts. 840§1 point 3 and 8401 of the Civil Procedure Code.

[270] Information on courts’ decisions of 2013, in cases based on arts. 39 and 40 of the Family and Guardianship Code.

[269] Courts’ decisions in suits to “regain” the full parental authority.

Criminal Law and Criminology

[268] Exerting an illegal influence on a witness and the ways to prevent it.

[267] Large-scale corruption – the examples of criminal offenses of arts. 228§5 and 229§4 C.C. (legal analysis and prosecution practice).

[266] The public prosecutors’ practice of prosecuting crimes of art. 171 sec. 1 and 3 of the Banking Law. The instances of discontinuances of the proceedings and refusals to institute them.

[265] Transposition into the Polish law of art. 8 of the Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims.

[264] The advisability to amend the Law of June 25, 1997, on witness for the prosecution (enjoying special rights) by inclusion to art. 1 thereof the provision of art. 189a C.C.

[263] The petty offense of art. 142 of the Code of Petty Offenses (racolage).

[262] Proceedings in cases on the “stadium” criminal offenses – difficulties to establish the perpetrators’ identities and their impact on efficiency of criminal proceedings.

[261] Counteracting violations of a ban to enter mass events.

[260] The crime of rape aggravated by excessive cruelty by the offender.

[259]  Prospective amendments to general rules on responsibility for petty offenses of non-criminal, administrative character.

[258] Disciplinary responsibility within legal professions of public trust.

[257] Application of the C.C.P. provisions in disciplinary proceedings provided for in the Law on the Bar and the Law on Counsellors at Law.

[256] Imposing and carrying out the security measure defined in art. 95§1 C.C.

[255] The impact of the amendment to the provision of  art. 203§1 C.C.P. on inability to finally determine the state of the defendant’s (or suspect’s) mental health and to apply security measures to him/her.

[254] Treatment of convicts who committed crimes in connection with their disturbed personalities – in the light of the need to apply security measures when the penalty is served.

[253] Criminal offense of usury (an empirical study report).

[252] Cost-efficiency of the system of courts of general jurisdiction.

[251] “Abduction by parent”. The analysis of discontinued proceedings and of the refusals to institute them.

[250] Criminal offense of abduction or holding a minor or a helpless person – art. 211 C.C. (with special focus on the so called “abduction by parent”).

[249] Security measures in criminal law of the selected European countries.

2012

Civil Law

[248] Pledge in the courts’ practice.

[247] Action to quash the judgment of an arbitration tribunal.

[246] Effectiveness of delivery (of writs or other documents) in the civil law proceedings.

[245] Disclosure of assets in the practice of courts of general jurisdiction.

[244] Protection of possession of real property and real easements.

[243] The amounts of compensation of injuries in the courts’ practice in 2010-2011 – an empirical study.

[242] Courts’ decisions in cases for deprivation of parental rights.

[241] Resolving in re “matters important to the child” (art. 97§2 of the Family and Guardianship Code).

[240] Dismissals of divorce claims in cases where spouses have the same minor children.

[239] Opinions by Family Diagnostic and Consultation Centers in guardianship cases and divorce cases.

[238] EU Trademark and its particularity in relation to the national law on trademarks.

[237] Arbitration clauses (arbitration agreements).

[236] The prospective spouses being of two different genders as a precondition the marriage be valid.

[235]  Upholding the parental authority over the both divorced parents’ same minor children, and resolving in divorce judgments in re contacting children.

[234] Dissolution of adoption in the decisions of courts of common jurisdiction in 2010-2011.

[233] Compensation for the death of one’s close relative (art. 446§4 of the Civil Code) in the decisions of courts of common jurisdiction.

[232] Invalidity (in a broad sense) of a legal act made in a notarial form in the decisions of courts of common jurisdiction.

[231] Court review of the template for the agreement alone (with no relation to the very agreement) – the courts’ decision-making study.

[230] European Order for Payment in the court practice.

[229] Revocation of the donation that has been carried into effect.

[228] The interdiction to publish a material as a mean to secure personal interests claims against the mass media.

[227] Effecting foreign executory documents in Poland.

[226] Proceedings in re granting the executory clause against the debtor’s spouse.

[225] Proceedings by the Head of Civil Status Office prior to the conclusion of marriage.

Criminal Law and Criminology

[224] Rehabilitation of offenders programs in correctional institutions for juveniles.

[223]] Relapsing into crime by those who left correctional institutions for juveniles.

[222] The use in the criminal proceedings of the diagnostic and prognostic tools for estimating the risk to relapse into crime.

[221] The notion of  “public official” – legal analysis and an empirical study (the example of criminal offenses provided for in arts. 228 and 229 C.C.).

[220] Criminal offenses to the prejudice of creditors (arts. 300-302 C.C.). The magnitude  of occurrences and their impact that disturbs proper business relations.

[219] The public prosecutors’ and courts’ practices in the field of prosecuting and sentencing for crimes against life.

[218] Intentional versus unintentional committing criminal offenses against public safety – with special focus on that of causing an immediate danger to the public.

[217] Influencing the domestic batterers by imposing the duty to participate in correction and education programs.

[216] The openness principle in Polish criminal proceedings.

[215] Efficiency of non-custodial measures aimed to prevent avoidance of justice.

[214] Council of Europe Convention on preventing and combating violence against women and domestic violence – its general evaluation and the need to access to it by the Republic of Poland.

[213] Criminal law liability for hacking.

[212] Stalking in criminal law and criminology.

[211] Mutual recognition of financial penalties.

[210]  Conditional release before expiration of term – some aspects of courts’ practice.

[209] Efficiency of conditional sentences as measured by relapsing into crime ratios.

[208] Unusual cases of corruption as evaluated by courts and public prosecutors’ offices – the examples of crimes of arts. 228 and 229 C.C.

[207] Experts in road traffic criminal cases. Some remarks about the practice based on an empirical study.

[206] The position of a victim of crime in criminal proceedings, with special focus on the roles of an auxiliary prosecutor and civil law claimant in such proceedings.

[205] Effectiveness of overseeing by courts the observance of rights of those with mental disorders living in shelters run by welfare institutions and in mental hospitals.

[204] Making use of the measures to influence juvenile delinquents being imposed by courts – in the light of theoretical concepts, statistics, and judges’ and guardians’ opinions.

[203] Implementation of EU directives in Poland – the chosen issues.

[202] Conviction without trial in the context of the rights of the victim.

[201] Models of prosecuting petty offenses in the selected countries.

[200] Grounds for discontinuation of the proceedings and those for the refusal to institute them in the rape criminal law cases.

[199] Compensation for an ungrounded conviction, detention pending trial or arrest in the decisions of courts of common jurisdiction.

[198] The bank credit fraud (art. 297 C.C.). The efficiency of counteracting wrongdoings occurring while gaining monies for business purposes.

[197] Why the Law on serving custodial sentences in the system of electronic surveillance inadequately works?

[196] Rape by the spouse (an empirical study).

[195] Rape by a woman.

[194] Small-scale corruption in the courts’ practice – the example of criminal offenses provided for in arts. 228§2 and 229§2 C.C.).

2011

Civil Law

[193] The consumer bankruptcy in the decisions of courts of common jurisdiction.

[192] Annulment of a marriage in the courts’ practice in 2010.

[191] Exercising the right to contact one’s child.

[190] The solution to the problem of the business entities not re-registered into the National Register run by Courts made in the Law of April 29, 2010, amending the Law – introductory provisions to the Law on such a Register – from the viewpoint of European law, as well as historical and comparative analyses.

[189] Pledge and a bank guarantee.

[188] Resolving elections disputes – the courts’ practice analysis.

[187] The position of receiver in bankruptcy in Poland and in selected EU countries.

[186] Appeals and remedies at law in the civil law proceedings in the decisions of Constitutional Tribunal.

[185] The mechanisms that foster efficiency of execution of alimonies adjudged in transnational cases – the analysis of Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations.

[184] Security on assets – publicly-traded financial instruments (civil law and criminal law issues).

[183] The prerequisites for pecuniary compensation of bodily injury or of detriment to one’s health in the courts’ practice.

Criminal Law and Criminology

[182] Granting allowances in accordance with the Law of July 7, 2005, on the State compensation for victims of some criminal offenses.

[181] Placing those mentally ill or handicapped in shelters run by welfare institutions (in the context of their processual guarantees).

[180] Extradition (a legal examination and an empirical study outcomes).

[179] Application by criminal justice authorities of non-custodial measures aimed to prevent avoidance of justice.

[178] Protection of animals by means of criminal law. Legal analysis and prosecution practice on grounds of art. 35 of the Law of July 21, 1997, on protection of animals.

[177] Statistical depiction of the criminal offense of mistreating animals.

[176] Analysis of the criminal proceedings as well as those before the Juvenile Courts on the selected punishable deeds perpetrated by 15-17 years old juveniles.

[175] Everyday aspects of the Law on electronic surveillance.

[174] Criminal offenses against the Treasury as base offenses in the legal construction of  the money laundering offense.

[173] Criminal law liability for the offense of copying an exterior form of a product.

[172] Judicial systems in the EU. The basic parameters for Poland and other EU countries (according to the modified data of the CEPEJ 2010 report).

[171] Lay judge – a guidebook.

[170] Impact of the application of arts. 335 and 387 C.C.P. [plea bargain] upon sentencing.

[169] Courts’ decisions in petty offenses cases.

[168] Conditional discontinuance of the proceedings.

[167] Conditional sentences following convictions without trial.

[166] European Arrest Warrant. The analysis of the Polish motions directed to other EU states for extradition in the EAW procedure.

[165] Criminal offense of art. 257 C.C.

[164] Fear of crime intensities and their contributing factors.

[163] The criminal offense of an unintentional homicide.

[162] Intentional versus unintentional committing the selected offenses against property – receiving stolen property.

2010

Civil Law

[161] Protection of honor (good name) in Polish civil and criminal law (a comparative study).

[160] Leave to contract marriage by ascendant/descendant affinities.

[159] Leave to contract marriage by the one mentally ill or handicapped.

[158] Leave to contract marriage by a woman under 18 (an empirical study done on court files).

[157] Protection of business secrets.

[156] Lack to cognize the essence of the case as a ground for quashing the judgment by court of appeal and ordering to examine it anew – in the civil law courts’ decisions.

[155] The Clerk of the Court position in justice system and in the civil proceedings.

[154] Pledge in the prospective amendment of the Civil Code.

[153] Usucaption in the prospective amendment of the Civil Code.

[152] Formal requirements as to questions on points of law in the Constitutional Tribunal decisions.

[151] Grounds for pecuniary compensation of injury in the courts’ decisions.

[150] Construction on a piece of land owned by someone else.

Criminal Law and Criminology

[149] Justice system management. The new developments in the selected EU countries.

[148]Efficiency in criminal proceedings in the light of statistical data.

[147] Stalking in Poland. Its extent, forms and consequences.

[146] The courts’ decisions  in human trafficking cases in 1999-2009 (arts. 253 C.C. and 204§4 C.C.).

[145] Diagnostic opinions in juvenile cases.

[144] A statistical picture of the use of detention pending trial in Poland and other EU countries.

[143] Community service orders in some selected countries.

[142] Detention pending trial in cases of offenses for which prison sentences up to 5 years may be imposed.

[141] The model of the procedure of appealing against the judgment in criminal law cases before courts of general jurisdiction.

[140] Estimation of costs of counsels for the defense where their participation in the proceedings is mandatory.

[139] Provisional seizure of assets in the courts’ and public prosecutors’ practice.

[138] Cooperating by correctional establishments for juveniles with other institutions.

[137] The criminal offense of participation in brawl or battery resulting in ones’ death (art. 158§3 C.C.) in the courts’ and public prosecutors’ practice.

[136] The criminal offense of boosting a totalitarian system or inciting hate publicly (art. 256§1 C.C.) – a legal analysis and prosecution practice.

[135] Child pornography – its criminal law aspects.

[134]] Intentional versus unintentional committing crimes consisting in taking someone’s life.

[132] The definition of the crime of aggression in Polish C.C. in the light of art. 8 bis of the Rome Statute of International Criminal Court.

2009

Civil Law

[131] Warsaw realties – some issues.

[130] Barriers to alternatively resolve the civil law disputes. Mediation.

[129] Private expert opinion in the civil proceedings – a comparative study.

[128] Administrative and judicial proceedings in retirement pension cases – an empirical study.

[127] Performance of the obligation and personal interests protection in civil law (the example of a claim for compensation of an ex contractu injury.

[126] Processual limitation in the business courts’ decisions.

[125] Leave to contract marriage by proxy.

[124] Competition clause in labor law.

[123]  Consumer bankruptcy in the selected legal systems.

[122] Adjudication of the trans-national adoption – with taking the degree of its subsidiarity into account.

Criminal Law and Criminology

[121] Means to fight stalking provided for in the law. Legal solutions adopted in other countries and the opinion as to prospective criminalization of such behavior in Poland.

[120] Public prosecutor’s intervention in cases of offenses generally subject to private accusation.

[119] Validity of prerequisites that are being taken into account while deciding upon a conditional release from serving the remaining part of a prison sentence.

[118] The OECD view as regards release from punishment of the informer – the perpetrator of the bribery of a foreign public official.

[117] Psychiatric observation of the suspect in criminal proceedings. Legal considerations and public prosecutors’ and courts’ practices.

[116] Drunken driving (art. 178a C.C.). A study based on of the courts’ files.

[115] Polish Crime Survey 2007/2009: the selected results.

[114] Supervision by a higher tier (the appeal one) of public prosecutors’ office.

[113] Domestic violence – victims and criminal law measures.

[112] Effectiveness of the duty to submit to treatment of alcohol or drug addiction imposed by court.

[111] Art forgery – criminal law issues (legal and criminological studies).

[110] Doings of a public prosecutor during the court hearing in the light of an adversary trial principle.

[109] Remitting the case back to public prosecutor according to art. 345 C.C.P. The outcomes of a nation-wide study.

[108] Efficiency of regaining assets appropriated by offenders. The art. 45 C.C. cases.

[107] The art. 218 C.C. cases in which preparatory proceedings were discontinued in  2006-2008.

[106] Criminal law liability for bigamy (legal study and that of prosecution practice).

[105] The release from punishment clause concerning perpetrators of the offense of an active bribery.

2008

Civil Law

[104] Barriers to alternatively resolve the civil law disputes – Part 1- Arbitration.

[103] The registered domestic partnerships and same-sex marriages abroad versus Polish law.

[102] Exempting a foreigner from the duty to submit certificate attesting his/her right to contract marriage under the applicable law.

[101] Imperfections in a declaration of intention – a forthcoming codification perspective.

[100] The consequences of the new system of two instances in medical examination procedure in disability pensions cases.

[99] The problem of different definitions of the  term “enterprise” in Polish law and its legal consequences.

[98] Some issues of hearing of evidence – a comparative study in the light of the proposed amendments to the Code of Civil Procedure.

Criminal Law and Criminology

[97] Preparatory proceedings in the human trafficking cases discontinued in 2005-2007.

[96] Efficiency of the Polish legal solutions that enable prosecuting human trafficking aimed at forced labor.

[95] The criminal offense of putting an employee’s life or health at risk – art. 220§1 and 2 (a prosecution practice).

[94] Criminal law aspects of female infanticide (art. 149 C.C.). Legal analysis and prosecution practice.

[93] Summary criminal proceedings (a study based on courts’ and public prosecutors’ files).

[92] Law on accessibility of public information– the public prosecutors’ practice.

[91] Cases in which detention pending trial lasted over two years (a study based on courts’ and public prosecutors’ files).

[90] Domestic violence – its victims and criminal law measures.

[89] The criminal offense of passive or active bribery of a public official – an empirical study.

[88] The criminal offense of passive or active paid patronage (art. 230§ 1 and 2, and art. 230a§ 1 and 2 C.C.) – the prosecution practice.

[87] General Inspector’s for Financial Information notices in money laundering cases.

2007

Civil Law

[86] Court rulings as to direct contacts with minors of persons other than their parents.

[85] Court rulings on placing minors in foster families.

[84] The practice of adjudging “proper pecuniary sum” for protraction of the proceedings.

[83] Efficiency of execution by court enforcement officers.

[82] Summary execution from real properties.

[81] Complementary claims.

[80] Prerequisites and consequences of declaring a provision of the template for the agreement forbidden.

[79] Opinions by Family Diagnostic and Consultation Centers in cases to establish contacts with minors of persons other than their parents.

Criminal Law and Criminology

[78] Complaints and proposals  provided for in Part VIII of the Administrative Procedure Code in the activities of public prosecutors’ offices. A legal analysis.

[77] Legal provisions aimed at breaking solidarity between ex definitione accomplices in corruption offenses. The examples of arts. 229§6, 230a§3, 250a§4, 296a§5 and 296b§4 of the Criminal Code.

[76] Forfeiture of a financial gain according to the Criminal Code provisions as amended on June 13, 2003.

[75] Serious bodily injury resulting in one’s death (art. 156§3 C.C.) in the public prosecutors’ and courts’ practices.

[74] Negligible gravity of a criminal deed in the public prosecutors’ and courts’ practices.

[73] Imposing penalty below the lower threshold provided for in the law, or penalty of a more lenient type, or none penalty (the examples of homicide and aggravated robbery cases).

[72] Criminal law liability for harms caused by animals. A legal analysis and prosecution practice.

[71] Criminal law liability for offenses connected with press and publications.

2006

Civil Law

[70] Exemption from the duty to cover court’s costs in civil law cases (the law and the practice).

[69] Legal succession in the proceedings in re granting the executory clause (art. 788 of the Civil Code).

[68] Conducting business by public benefit organizations.

[67] Forfeiture of a “mean” benefit – art. 412 of the Civil Code. The normative and empirical model. (The provision of § 287 of Procedural Regulations of Public Prosecutors’ Offices).

[66] The provisional seizure proceedings, commentary to arts. 730-757 of the Code of Civil Procedure.

[65] Disciplinary proceedings against court enforcement officers. The practice in 1998-2005.

Criminal Law and Criminology

[64] Juvenile justice in the selected countries.

[63] Court appointed experts in the selected European countries.

[62] A “combined” prison punishment [imposed for multiple deeds] severity – the sentencing patterns (based on data from National Criminal Register).

[61] Prison sentences severity (based on data from National Criminal Register).

[60] Pedophilia – its criminal law aspects (art. 200 C.C.). The legal and courts’ decision-making studies.

[59] Removing and counterfeiting identification symbols. The legal and courts’ decision-making studies.

[58] The need to amend the Criminal Code due to ratification of the Protocol to Prevent, Suppress and Punish Trafficking in Persons.

[57] Trafficking in persons. The analysis of courts’ decisions as to their compliance with the definition embodied in some international instruments, especially the Palermo Protocol.

[56] Supplementation of evidence in the procedure of art. 397 C.C.P. The courts’ practice analysis.

[55] An injured person as an auxiliary prosecutor in cases prosecuted ex officio.

[54] Grounds for appeal in the courts’ practice (pointing at relative or absolute grounds for the appeal to reverse judgment and refer the case to be cognized anew).

2005

Civil Law

[53] The public prosecutor’s action to ascertain or deny the child’s ancestry, or to annul fathering the child.

[52] The courts of appeal decisions based on arts. 385 and 386§1 and 4 of the Code od Civil Procedure.

[51] Some issues of the administration of justice reform – a contribution to the discussion.

Criminal Law and Criminology

[50] Criminal offenses connected with payment cards in the courts’ and public prosecutors’ practice.

[49] Criminal offenses of active and passive bribery (legal analysis and prosecution practice).

[48] Criminal offenses of arts. 256 and 257 C.C. - legal analysis and prosecution practice.

[47] Criminal law liability for business secret violation.

[46] Conviction without trial (art. 335) and a voluntary acceptance of penalty (art 387 C.C.P.) [plea bargain] in courts’ and public prosecutors’ practice. The results of a nation-wide study.

[45] Compensation of the damage as a penal measure and as an obligation. Application of arts. 46§1 and 72§2 C.C. – the examples of robbery and breaking-in cases. The de lege ferenda remarks.

[44] The auxiliary claim in the courts’ practice.

2004

Civil Law

[43] Annulment of fathering the child and ascertainment of nullity of the same – in the judgments given from July 1, 2000, through June 30, 2004. The report of a pilot study.

[42] Cases for taking away a child being under parental authority in the courts’ practice.

[41] The European Cooperative Society.

[40] Action to establish perpetual usufruct as a subjective right (“expectancy”).

[39] Representation in commercial law companies.

Criminal Law and Criminology

[38] Confiscation of proceeds of crime. The UN Convention against Corruption of 2003, and the provisions of Polish law on forfeiture of items or benefits resulting from crime.

[37] Discontinuance and suspension of criminal proceedings according to art. 11 C.C.P. (legal analysis and prosecution practice).

[36] Mediation in criminal law cases. Outcomes of an empirical study.

[35] Killing a household oppressor. The legal and criminological study.

2003

Civil Law

[34] Instant enforceability of courts’ of appeal judgments in civil law cases.

[33] Decisions of regional courts as courts of appeal in civil law cases.

[32] The scope of application of right-forming entries in European real property registers.

[31] Disputes on employment contracts, contracts to perform specified work, and managerial contracts of commercial law companies’ directors.

[30] Acquisitive prescription of pieces of land owned by the Treasury and by communes (in the light of the Supreme Court determination of  January 31, 2002).

[29] One person companies – some legal issues.

[28] A preliminary evaluation of advisability to regulate property relations in [territories gained by Poland after World War II]

Criminal Law and Criminology

[27] Judicial and prosecutorial post-graduate legal training. A concept outline.

[26] The criminal offense of an illegal deprivation of liberty (legal analysis and prosecution practice).

[25] The art. 7 of the Penalties Enforcement Code complaints by convicts, with taking into account interpretations of the terms “decision of an authority” and “unlawful”.

[24] The criminal offense of a medical intervention without the patient’s consent.

[23] Placing the offender in mental hospital in accordance with art. 94§1 C.C. (the study report and legal issues).

[22] The criminal offense of maltreatment (art. 207§1 C.C.). Outcomes of an empirical study.

[21] Right to grant pardon in Poland and in other European countries.

[20] Self-defense [as a criminal liability exclusion factor] in the courts’ and public prosecutors’ practice.

[19] Efficiency of courts’ proceedings. The example of Warsaw Region trial courts (a study done on courts’ files)

2002

Civil Law

[18] Deposit at the court (the current practice and de lege ferenda remarks)

[17] Some remarks about the draft of the new Bankruptcy law.

[16] Views of the workers of Adoption and Care Centers on an adoption secrecy.

[15] Dissolution of the adoption (the report based on courts’ files from cases for dissolution of adoption ended in 1999 and 2000).

[14] Dissolution of separation of spouses.

[13] Liability out of the joint property of spouses for business debts of one of them.

[12] The civil courts’ decisions in cases resulting from violations of the Law of February 24, 1990, on counteracting monopoly practices [antitrust law].

[11] Notaries public in the selected EU countries.

[10] Protection of personal interests infringed upon or threatened by media (the decisions of courts of general jurisdiction analysis).

[9] A preliminary proposal of legislation aimed at compensating persons who, in connection with World War II and the resulting shift of the State frontiers, left their assets off the territory of Poland.

[8] Assets left east of Poland [after World War II] as an open problem – in Polish law.

[7] The impact of pronouncing the administrative decision based on the Nationalization Act of 1946 null and void on validity of contracts under which the Treasury transferred realties to the third persons, and on the rules on compensating thereof.

Criminal Law and Criminology

[6] Criminal law aspects of the law on copyright (legal study and that of prosecution practice).

[5] Lapse of the prison sentence conditional suspension period during the convict’s stay at penal institution due to another conviction, as well as and during the executory proceedings stay period.

[4] Some remarks  about the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union and about the Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters

[3] Fight against terrorism – the European standards.

[2] An anonymous witness in practice (in the context of statutes, as well as the [Polish] Supreme Court and European Court of Human Rights rulings).

[1] The preliminary investigation and refusals to institute criminal proceedings in corruption case

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