Browsing by Author "Mozgawa, Marek"

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    Castigation of minors as a circumstance excluding illegality (a countertype)
    (Національний авіаційний університет, 2020-02-28) Mozgawa, Marek
    Introductory remarks (the concept and the classification of the so called countertypes). Not in every case does the fulfilment of the statutory features of a forbidden act have to be the expression of the objective social harmfulness of the perpetrator’s behaviour. Sometimes circumstances excluding illegality (the so called countertypes) occur which lead to the exclusion of the social harmfulness.In other words, there are possible exception to the rule (implying the negative assessment) that a behaviour fulfilling the statutory features of a forbidden act is characterised by social harmfulness.
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    Classification of crimes against freedom in polish penal codes
    (National Aviation University, 2023-02-24) Mozgawa, Marek
    In the Polish Penal Code of 1932, Chapter XXXVI "Offences against freedom" contained only five types of offences: deprivation of liberty (Article 248), slave trafficking (Article 249), punishable threat (Article 250), extortion (Article 251) and home intrusion, known as violation of domestic peace (Article 252). In general, the object of legal protection in the whole above-mentioned group of offences was personal freedom of an individual, which he or she enjoyed within the legal order in force within society at that time. It was stated that freedom can be understood in two ways: a) as physical freedom, freedom of movement, to move from place to place; b) as moral freedom, freedom to dispose of one’s goods, to exercise or not to exercise one’s rights, to undertake one action or another. However, in both of the above-mentioned cases, personal freedom can only be the object of the offence if the criminal conduct is directed against it.
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    Freedom as a value protected by criminal law
    (Національний авіаційний університет, 2022-02-25) Mozgawa, Marek
    Freedom occupies an important place among the values protected by the law; it appears to be one of the basic human values, and perhaps the most important next to life. Deprivation of human freedom appears to be one of the most drastic forms of restriction of human rights and freedoms, to be resorted to only in cases of extreme necessity. Violations of freedom are condemned in every democratic social system on the basis of judgments derived from the oldest ethical principles. Freedom in its varied aspects is of interest to various branches of law - mainly constitutional, international, civil and criminal law.
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    The offence of identity theft in the polish criminal law (article 190a § 2 of the penal code) (part one)
    (Національний авіаційний університет, 2018-02) Mozgawa, Marek; Katarzyna, Nazar; Мозгава, M.; Назар, К.
    Purpose: the main purpose of the paper is to analyse the problem of provision concurrence of Art. 190a § 2 with other articles of the Penal Code, as well as to present the issues of imposing punishment for this offence and the statistical picture of the phenomenon of identity theft. Methods: to obtain these aims the dogmatic method was used as well as analysis of statistical data. Results: the offence under Art. 190a § 2 may be in real concurrence with the provisions describing offences against the protection of information (art. 265-268a, 269a of the Penal Code), against the credibility of documents (art. 270, art. 272, art. 273, art. 275 of the Penal Code) as well as with provisions describing offences against property (e.g.: art. 284 § 1, 285, 287, 288 § 1 or 2 of the Penal Code). Analysis of data referring to final convictions for the offence of identity theft shows that the punishment most often imposed is deprivation of liberty, almost always applied with the conditional suspension of its execution. Discussion: the number of discovered offences of theft identity is growing dynamically, unfortunately, however, there is no such dynamics in the case of detection of the offence. Therefore the question arises about the causes of the detection results becoming poorer every year.
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    The offence of stalking in polish criminal law (art 190A 1 of the criminal code)
    (2016) Mozgawa, Marek; Nazar, Katarzyna
    The article discusses the statutory features of the offence of stalking, which is quite new in Polish criminal law systems. Therefore its present shape may lead to some controversies and cause some interpretation problems, especially in practice. This is important as there are many such offences detected each year
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