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The normative construction of the so-called instituston a small withness and its judicial use

Kamil Siwek

Abstract

The subject of the paper is a critical and dogmatic analysis of a set of two provisions of the Penal Code, namely Article 60 § 3 and 4 of the Penal Code. The basic problem of the dissertation is the answer to two questions, namely: 1) whether, on the normative side, the institution of a small crown witness shows similarities with the institution specified in the Act of 25 June 1997 on the Crown Witness 2) whether the normative form of the institution of a small crown witness corresponds to the declared legislative assumptions, as a criminal-law instrument whose purpose and function is to reward the perpetrator of an offence with an obligatory extraordinary leniency in return for procedural assistance provided to law enforcement agencies in bringing to justice those who have collaborated with him in the commission of that offence. The dissertation consists of five chapters dedicated to the following issues: theoretical, legal and procedural aspects of extraordinary leniency, the prerequisites for the application of Article 60 § 3 and 4 of the Penal Code, a small crown witness in the proposed amendments to the Penal Code. The paper is finished with de lege lata and de lege ferenda proposals for the new wording of Article 60 § 3 and 4 of the Penal Code.
Record ID
UAM026363bfc8f84b6da84f54acf393b7d2
Diploma type
Doctor of Philosophy
Author
Title in Polish
Konstrukcja normatywna instytucji tzw. małego świadka koronnego i jej sądowe stosowanie
Title in English
The normative construction of the so-called instituston a small withness and its judicial use
Language
pol (pl) Polish
Certifying Unit
Wydział Prawa i Administracji [nowa struktura organizacyjna] (SNs/WPriAd)
Scientific discipline (2.0)
5.7 law
Status
Finished
Year of creation
2021
Defense Date
15-11-2021
Title date
15-11-2021
Supervisor
Pages
246
URL
https://hdl.handle.net/10593/26471 Opening in a new tab
Keywords in English
crown witness; extraordinary leniency; denunciation; organised crime; criminal group
Abstract in English
The subject of the paper is a critical and dogmatic analysis of a set of two provisions of the Penal Code, namely Article 60 § 3 and 4 of the Penal Code. The basic problem of the dissertation is the answer to two questions, namely: 1) whether, on the normative side, the institution of a small crown witness shows similarities with the institution specified in the Act of 25 June 1997 on the Crown Witness 2) whether the normative form of the institution of a small crown witness corresponds to the declared legislative assumptions, as a criminal-law instrument whose purpose and function is to reward the perpetrator of an offence with an obligatory extraordinary leniency in return for procedural assistance provided to law enforcement agencies in bringing to justice those who have collaborated with him in the commission of that offence. The dissertation consists of five chapters dedicated to the following issues: theoretical, legal and procedural aspects of extraordinary leniency, the prerequisites for the application of Article 60 § 3 and 4 of the Penal Code, a small crown witness in the proposed amendments to the Penal Code. The paper is finished with de lege lata and de lege ferenda proposals for the new wording of Article 60 § 3 and 4 of the Penal Code.

Uniform Resource Identifier
https://researchportal.amu.edu.pl/info/phd/UAM026363bfc8f84b6da84f54acf393b7d2/
URN
urn:amu-prod:UAM026363bfc8f84b6da84f54acf393b7d2

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