Corporate criminal liability (in the Czech Republic, Slovakia and Poland)

The book present to its readers in which ways the Czech Republic, Slovakia and Poland dealt within their national legislations with demand of European Union to adopt liability of legal entities and whether they choose genuine or false criminal liability of legal entities or they just remained with administrative liability.Uvedená monografie seznamuje své čtenáře, jakým způsobem se Česká republika, Slovensko a Polsko vypořádaly v rámci svých vnitrostátních právních úprav s požadavkem Evropské unie na zavedení odpovědnosti právnických osob a zda se v konečné fázi rozhodly pro zavedení pravé či nepravé trestní odpovědnosti nebo zda nadále setrvaly pouze na odpovědnosti správní.The book present to its readers in which ways the Czech Republic, Slovakia and Poland dealt within their national legislations with demand of European Union to adopt liability of legal entities and whether they choose genuine or false criminal liability of legal entities or they just remained with administrative liability

Compliance with the Time Limit of Article 129 (4) of the Act of 27 April 2017 the Environmental Law in the Case-Law of the Supreme Court

The study discusses issues related to maintaining the deadline for suing claims due to restrictions on the use of real estate provided for in Article 129 (1–3) of the Environmental Protection Law. Provided for in the provisions of Articles 129–136 of the Environmental Protection Law liability for damages was formed as a statutory obligation to compensate for damages resulting to property owners (holders of perpetual usufruct) from the introduction of legal regulations that narrow down the possibilities of using these properties. The conditions for liability are: entry into force of a regulation or act of local law resulting in a limitation on the way the property is used, damage suffered by the owner of the property, the holder of perpetual usufruct or the person holding property law, and a causal link between the restriction on the use of the property and the damage. Claims for damages derived from these sources meet the requirements of Articles 361–363 of the Civil Code of the Republic of Poland. They are property claims, subject to limitation (art. 117 § 1 of the Civil Code), however — without being tort claims — they are subject to limitation on general principles arising from Article 118 of the Civil Code. An important legal issue is whether, and if so, to what extent, it is possible to apply by analogy provisions on suspension or interruption of the limitation period to the preclusion period contained in Article 129 (4) of the Environmental Protection Law. The starting point for reflection on this issue are the arguments originating from the current case law of the Supreme Court. Based on the views and arguments of the Supreme Court, the author tries to answer the question on the conditions that meet the three-year period provided for in Article 129 (4) of the Environmental Protection Law asserting claims for restrictions on the use of real estat

Submerged corpse found 24 years after the murder - a case study

Objectives The main objectives of this paper are to define the issues related to a search for a drowned corpse, fishing it out and procedures to take evidence when the victim’s body has not been found. Material and methods A case analysis was performed in which the criminal covered up traces by drowning the corpse. An extensive study in this regard was conducted covering 500 criminal cases concluded with a final and binding judgement. Finding a corpse in a lake 24 years after the crime is a case described in detail in this paper. The authors obtained the consent of the District Prosecutor and the District Court in Olsztyn for publishing the case materials. Results Neither the process of the corpse search nor fishing it out were carried out properly in the case under study. The large number of search attempts was caused by poor coordination of the search groups and by using unsuitable tools. Most methods were ineffective given the small size of the package resting on the water reservoir bed. Conclusions A search for a drowned corpse requires good cooperation between the search team and law enforcement authorities and later with forensic medicine specialists in establishing the cause of death