http://hdl.handle.net/11320/11706 2026-06-01T13:11:16Z 2026-06-01T13:11:16Z Kulesza, Cezary http://hdl.handle.net/11320/11717 2021-10-12T09:25:20Z 2021-01-01T00:00:00Z

Tytuł: Rozprawa zdalna oraz zdalne posiedzenie aresztowe w świetle konwencyjnego standardu praw oskarżonego Autorzy: Kulesza, Cezary Abstrakt: This article concerns the compliance of the institutions of remote trials and remote detention hearings introduced to the CCP by the Polish ‘coronavirus act’ of 19 June 2020 with the ECHR standard on the rights of the accused. In the first part of the article, it is indicated that the ECtHR in its jurisprudence accepts that a trial in the form of a videoconference is not in principle contrary to the ECHR, provided, however, that there are compelling reasons to dispense with the traditional trial (main or appellate) and that the procedure of using a videoconference itself meets the requirements of a fair trial according to Article 6 ECHR and ensures the accused both effective personal participation in the trial and effective use of the services of a defence counsel, in particular the confidentiality of the lawyer’s contact with their client. The Covid-19 outbreak has changed European justice systems, and now videoconferencing in court proceedings is seen not only as an exceptional measure, but as possibly an effective part of the ordinary activity of courts. The analysis of the assumptions of remote trials in ordinary Polish criminal proceedings shows that this institution does not meet the standards of a fair trial, especially the standard of the effective participation of the defence counsel. In contrast, compared to a remote trial, a remote detention hearing in Poland has a wider scope of application and poses serious risks to the standards on deprivation of liberty (Article 5(3) and Article 3 ECHR) and effective defence (Article 6(3) ECHR). The possibility of using both forms of videoconferencing without the participation of a defence counsel and the permanent nature of the changes introduced are particularly worrying.

2021-01-01T00:00:00Z Kruk, Emil http://hdl.handle.net/11320/11716 2021-10-12T09:24:58Z 2021-01-01T00:00:00Z

Tytuł: Industrial Breeding of Animals: Legal and Ethical Issues Autorzy: Kruk, Emil Abstrakt: The main purpose of this article is to discuss the basic legal and axiological problems that are associated with technological advances in animal rearing and breeding. The implementation of this research task required, first and foremost, the definition of the concept of ‘welfare’ and the identification of basic legal provisions determining the welfare of livestock in Poland. Moreover, the article addresses the ethical aspect of the problems associated with the implementation of modern animal welfare technologies, including the role of Christianity in shaping moral attitudes in this area. The paper is also an attempt to define the level of public awareness about the need to protect animals and the perception of problems related to the intensification of livestock production. The need to address the issue stems, above all, from the fact that human life and our attitudes towards animals are changing with the development of civilization. In any event, the changes that have taken place in this area over the past decades make the problem topical and lead to a reflection on the welfare of animals kept in industrial farming conditions. It is assumed that the research carried out will contribute to the development of an optimal legal model for the protection of livestock. Even the mere dissemination of the results will raise public awareness of the humanitarian protection of animals, which is one of the preconditions for further progress in civilization.

2021-01-01T00:00:00Z Filipkowski, Wojciech Picarella, Lorenzo http://hdl.handle.net/11320/11715 2021-10-12T09:24:44Z 2021-01-01T00:00:00Z

Tytuł: Criminalizing Cybercrimes: Italian and Polish Experiences Autorzy: Filipkowski, Wojciech; Picarella, Lorenzo Abstrakt: The rapidly advancing development of technology has both positive and negative effects on society and its members. Moreover, legislation can be slow to catch up with reality. This also applies to any reaction of society to new forms of social deviance. There is typically a delay in the introduction of legislation which tries to give a legal framework to new technological developments. The authors have taken an exploratory approach, analysing changes in Italian and Polish penal law relating to cybercrime that have occurred in Italy and Poland so far. The timeline, pace, and scope of the processes of criminalization are presented for each country. Even though both legislators had and have the same goal, differences in the approach to achieving it are visible. The conclusions may lead to changes in the penal policies of both countries.

2021-01-01T00:00:00Z Hryniewicka-Filipkowska, Wioleta http://hdl.handle.net/11320/11714 2021-10-12T08:15:44Z 2021-01-01T00:00:00Z

Tytuł: Pros and Cons of Digital Solutions for the Implementation of Freedom of Movement and Residence in the Schengen Area in the Era of the COVID-19 Pandemic Autorzy: Hryniewicka-Filipkowska, Wioleta Abstrakt: The COVID-19 pandemic caused by the SARS-CoV–2 coronavirus, which emerged in Europe in January 2020, gave rise to restrictions by European Union Member States on freedom of movement and residence in the Schengen area. Individual actions by states mobilized the EU to take formal steps as well as to implement practical solutions to coordinate the efforts of all Member States. Digital solutions belong to the practical measures. Their implementation may bring potential benefits but is also associated with the possibility of potential risks. This article presents the basic assumptions of freedom of movement and residence in the Schengen area and their limitations by Member States justified by public health reasons. The characteristics of digital solutions for facilitating freedom of movement during the COVID-19 pandemic are then presented, taking into account their effectiveness. The paper concludes with a presentation of the benefits and potential risks associated with the implementation of selected digital solutions by the European Union.

2021-01-01T00:00:00Z