https://iusnovum.lazarski.pl/iusnovum/issue/feedIus Novum2024-01-08T12:42:26+01:00dr Jacek A. Dąbrowskiiusnovum@lazarski.plOpen Journal Systems<p>Ius Novum (ISSN 1897-5577, online ISSN 2545-0271) jest kwartalnikiem wydawanym przez Wydział Prawa i Administracji Uczelni Łazarskiego w Warszawie. Ukazuje się nieprzerwanie od 2007 roku.</p>https://iusnovum.lazarski.pl/iusnovum/article/view/1407The concept of evidence obtained from electronic correspondence2024-01-08T11:31:29+01:00Maciej Rogalski<p>This article addresses cross-border cooperation between Polish law enforcement authorities and those of other European Union Member States in obtaining electronic evidence in criminal matters. It discusses provisions such as Article 589g § 1, Article 589l § 1, Article 589w § 4, and Article 589ze § 10 of the Code of Criminal Procedure (CCP), focusing on defining electronic evidence. Currently, there are no legal definitions for these terms. The article posits that the existing definitions of electronic evidence are imprecise and lead to interpretational doubts. Therefore, it is crucial to organise the conceptual framework in the CCP by creating new definitions or clarifying existing ones. The analysis incorporates the provisions of Regulation (EU) 2023/1543 of the European Parliament and of the Council of 12 July 2023 on European Production Orders and European Preservation Orders for electronic evidence in criminal<br>proceedings and the execution of custodial sentences following criminal proceedings.</p>2023-12-31T00:00:00+01:00Prawa autorskie (c) 2024 Lazarski Universityhttps://iusnovum.lazarski.pl/iusnovum/article/view/1408Cooperation with third countries in combating money laundering in the face of modern challenges2024-01-08T11:44:49+01:00Anna Golonka<p>The study is devoted to the issue of international cooperation in combating money laundering as a transnational crime. It is an original scientific article, the purpose of which is to highlight the difficulties that, in the current global situation, are posed by cooperation with third countries, i.e., those that are not members of the European Union. The analysis covers several thematic areas that are of key importance in this regard (using the formal dogmatic method). The specificity of the regulations in force in other countries was also indicated, particularly in the context of modern technologies and threats of cyber laundering (incorporating elements of the legal and comparative method). As a result, conclusions were drawn regarding the challenges that the fight against laundering raises on the international arena, extending beyond the structures of the EU. The conclusion suggests directions for actions that would be desirable to undertake in order to ensure effective international cooperation with third countries in the field of combating money laundering.</p>2023-12-31T00:00:00+01:00Prawa autorskie (c) 2024 Lazarski Universityhttps://iusnovum.lazarski.pl/iusnovum/article/view/1409The involvement of consuls and consular officers in evidence gathering under articles 177 § 1b(2), 586 § 1, and article 177 § 1 in conjunction with articles 582 § 1 and 581 § 1 of the polish Code of Criminal Procedure2024-01-08T12:00:55+01:00Piotr Krzysztof Sowiński<p>This article explores the involvement of members from both Polish and foreign consular posts in the process of taking evidence in criminal proceedings. Specifically, it examines the participation of Polish consular officers in the interrogation of witnesses and defendants, as outlined in Article 177 § 1b(2) of the Polish Code of Criminal Procedure. Additionally, the article discusses interrogation of these parties by consuls acting on behalf of Polish courts. Governed by both Polish and international law, this process is situated within the realm of international criminal proceedings and consular law. The article also delves into the right to decline to give evidence, a privilege granted to members of consular posts based on their official functions. In this context, we introduce the concept of ‘consular secrecy’, which can be likened to professional secrecy or secrecy associated with the official roles of certain individuals.</p>2023-12-31T00:00:00+01:00Prawa autorskie (c) 2024 Lazarski Universityhttps://iusnovum.lazarski.pl/iusnovum/article/view/1410The issuance of the European protection order2024-01-08T12:10:49+01:00Ryszard A. Stefański<p>This scientific article researches the procedure for issuing a European protection order by a Polish court or public prosecutor, resulting in the enforcement of protective, penal, or probation measures by a competent judicial or equivalent authority in a Member State of the European Union. These measures require refraining from staying in certain environments or places and avoiding contact with or proximity to certain people. This article does not cover provisions concerning the execution of such an order by the competent authority of a Member State. The main research objective is to demonstrate the importance of this measure in continuing the protection of the aggrieved in another Member State. The research findings are original and primarily national in scope but also relevant to other countries due to their relation to an EU instrument. This article analyses the essence of the European protection order, its issuance requirements, including the ruling on the aggrieved’s protection measure, necessity of issuing the order, aggrieved’s motion, issuance proceedings, authorised issuing authorities, ruling form, forum for issuance, issuance mode, right to appeal, order transmission, and information obligations. The paper is significant for its in-depth dogmatic analysis and substantial theoretical content and is practical in guiding interpretation of the requirements for the application of this measure and the issuance procedure.</p>2023-12-31T00:00:00+01:00Prawa autorskie (c) 2024 Lazarski Universityhttps://iusnovum.lazarski.pl/iusnovum/article/view/1411Issuance of the European investigation order at the stage of a preparatory proceeding for the purpose of obtaining information constituting bank secrecy2024-01-08T12:17:53+01:00Cezary Kąkol<p>The article discusses matters related to the issuance of the European Investigation Order (EIO) during the stage of a preparatory proceeding, the objective of which is to obtain information protected by banking secrecy from a foreign bank. Attention is drawn to the essence of this instrument of international cooperation in criminal matters and its comprehensive nature. A key problem revealed in prosecutorial and judicial practice consists of determining the entity competent to issue the European Investigation Order in the in rem phase of the preparatory proceedings. This issue also necessitates determining whether, in such a procedural situation, it is necessary to obtain the consent of the district court to access information subject to bank secrecy and whether this affects the scope of competence of the court or the prosecutor. An examination of case law and the accompanying opinions of the doctrine presented in the article reveals a non-uniform, even mutually exclusive, approach to this issue. A critical look at the presented range of views enables a clear stance on the aforementioned issues and the formulation of a de lege ferenda proposal.</p>2023-12-31T00:00:00+01:00Prawa autorskie (c) 2024 Lazarski Universityhttps://iusnovum.lazarski.pl/iusnovum/article/view/1412Consequences of introducing the possibility of imposing an irreducible life sentence into the criminal code with regard to extradition and the execution of the european arrest warrant2024-01-08T12:22:28+01:00Tomasz TyburcyPiotr Rogoziński<p>The Act of 7 July 2022, amending the Act – Criminal Code and certain other acts, introduced the possibility of imposing a sentence of life imprisonment without parole into the Criminal Code. The legislator provided for two grounds for the optional imposition of an irreducible life imprisonment sentence. The first (Article 77 § 3 of the Criminal Code) is based on formal grounds: a previous conviction for a specific type of crime (against life and health, freedom, sexual freedom, public security, or of a terrorist nature) to life imprisonment or imprisonment for a term of not less than 20 years. The second ground (Article 77 § 4 of the Criminal Code) operates on a substantive condition: the nature and circumstances of the act and the personal characteristics of the perpetrator indicate that the perpetrator’s remaining at liberty would pose a permanent danger to the life, health, freedom, or sexual freedom of others. This article posits that the provisions of Article 77 § 3 and 4 of the Criminal Code are incompatible with Article 3 of the ECHR, which prohibits torture and inhuman or degrading treatment or punishment. As a result of the introduction of this type of punishment in Polish law, we may unfortunately realistically expect other states to refuse to hand over individuals prosecuted for crimes punishable by such punishment or those already sentenced to such punishment.</p>2023-12-31T00:00:00+01:00Prawa autorskie (c) 2024 Lazarski Universityhttps://iusnovum.lazarski.pl/iusnovum/article/view/1413The competences of the International Criminal Court and the conflict in Ukraine2024-01-08T12:31:31+01:00Katarzyna Tkaczyk-Rymanowska<p>This article endeavours to answer whether, in light of the current International Criminal Court’s (ICC) powers, it is possible to hold the Russian Federation accountable for international crimes. The answer hinges on the type of crimes committed, as some (such as the crime of aggression) are considered excluded from the ICC’s jurisdiction. The article also explores alternative methods of holding Russia accountable, such as establishing a special ad hoc tribunal, a topic widely discussed in the European Parliament and culminating in a resolution of 19 January 2023.</p>2023-12-31T00:00:00+01:00Prawa autorskie (c) 2024 Lazarski Universityhttps://iusnovum.lazarski.pl/iusnovum/article/view/1414Gloss on the judgement of the Supreme Court of 28 February 2023, I KZP 13/22 (expressing approval)2024-01-08T12:42:26+01:00Szymon Krajnik<p>The present gloss refers to the thesis and considerations expressed in the Supreme Court judgement of 28 February 2023, I KZP 13/22, concerning the exception to the rule of speciality stipulated in Article 14(1)(b) of the European Convention on Extradition. The author presents arguments concerning the broad international legal context of the analysed regulation, which develops and confirms the accuracy of the Supreme Court’s stance on a broader than lexical interpretation of the term ‘final discharge’. Moreover, the paper discusses the nature of the exception in question in the light of the standard of protection laid down in Article 52(4) of the Constitution of the Republic of Poland.</p>2023-12-31T00:00:00+01:00Prawa autorskie (c) 2024 Lazarski University