Studia Prawnicze. Rozprawy i Materiały / Studies in Law: Research Papers

The reviewed judgment addresses a crucial issue concerning the determination of a patient’s cause of death in cases where an autopsy was omitted at the request of the deceased’s family. Under Polish law, performing an autopsy is mandatory when the cause of death of a patient who passed away in a hospital remains unclear. However, the judgment indicates that even a definitive indication of the cause of death in the death certificate does not ensure its conclusive determination without conducting an autopsy. The commentary highlights significant procedural consequences arising from the omission of an autopsy. It also emphasizes the need to clarify regulations regarding objections to autopsies and the role of medical documentation (the death certificate) as evidence.

Article 199 of the Code of Criminal Procedure establishes a complete inadmissibility of evidence, which determines the inadmissibility of proving the content of statements made by the accused to a doctor providing him with medical assistance, and concerning the commission of a prohibited act by that accused. However, there is no clear position in the literature and case law as to the interpretation of this provision in a situation when such assistance is provided to the accused by a person other than a doctor, but who has the right and qualifications to provide medical services. This refers in particular to paramedics, nurses, midwives, laboratory diagnosticians, physiotherapists, but also doctors who do not have the right to practice their profession, or doctors who provide medical assistance to the accused outside the scope of their work. This issue is of significant importance due to the nature of the prohibition in Article 199 of the Code of Criminal Procedure, as well as due to the constantly increasing rights of persons practicing other medical professions. At the same time, this issue cannot be analyzed in isolation from Articles 50–52 Mental Health Act.

The topic of this paper focuses on the possibilities of applying artificial intelligence in forensic medicine and forensics. It shows a number of fields in which computerization is currently being used and with positive results. Presents problems and research methods used by forensic physicians and forensic specialists. Shows the sense of using other scientific fields such as dentistry, toxicology or microbiology, which are seemingly unrelated to the subject of autopsy. Summarizes and points out the advantages and possibilities of using additional digital tools in the form of artificial intelligence.

The purpose of this article is to present the specifics of appointing expert witnesses under the Act of November 22, 2013, on the Procedure for Persons with Mental Disorders Posing a Threat to the Life, Health, or Sexual Freedom of Others, commonly known as the ‘Beast Act.’ The role of an expert witness as a participant in a court proceeding is often crucial to determining the outcome. Special responsibility rests with expert psychiatrists, psychologists, and sexologists, appointed in criminal proceedings, but also in civil proceedings, where, under the aforementioned Act, a person is ordered to be placed in the National Center for the Prevention of Dissocial Behavior.

This article analyzes the use of osmological evidence in criminal proceedings, based on the example of Tomasz Komenda case. Despite numerous doubts regarding the reliability of the conducted tests, this type of evidence played a key role in his conviction. Only after nearly 18 years spent in prison, the man was acquitted, and the Supreme Court ultimately questioned the value of scent evidence. The study points out methodological errors and a lack of compliance with guidelines established in case law, which may have led to the wrongful conviction. After a period of considerable popularity between 1995 and 2005, the significance of osmology in evidentiary proceedings gradually declined, and its application has become a source of serious controversy.

The article addresses the issue of the inheritance of claims for the compulsory portion (legitime) under Polish succession law, with particular emphasis on the Supreme Court resolution of 13 April 2023, III CZP 125/22, and the provisions of Article 1002 of the Civil Code. The genesis of the limitation on the inheritance of such claims is presented, with reference to historical justifications and views according to which the right to the compulsory portion is a prerogative of a strong familial and moral character and should not be subject to unrestricted inheritance. The author expresses a position approving the current legal solutions limiting the inheritance of claims for the compulsory portion, considering them a logical consequence of protecting the so-called ‘nuclear family’ rather than an expansive property right subject to general rules of succession.

The following paper analyses the legal regulations concerning states of emergency in the Russian Federation and the Republic of Belarus. Based on the dogmatic and comparative legal methods, it discusses the constitutional and statutory foundations for the introduction of martial law and states of emergency in both countries. The article highlights the concentration of powers in the hands of the Presidents, the broad range of measures restricting individual rights, and the potential for abuse of these institutions within authoritarian regimes. It reveals a high degree of similarity between the relevant regulations in both countries. This indicates that, although formally separate, the regulations governing states of emergency in Russia and Belarus reflect close coordination in the field of security policy.

Only one article, i.e. 74 § 3a of the Code of Criminal Procedure, pro vides in the Criminal Procedure Act for the possibility of using direct coercive measures in the form of physical force and technical means of overpowering, without defining what they are. Moreover, no article of the Code of Criminal Procedure refers to the provisions of the Act on Direct Coercive Measures and Firearm in matters related to the issue of using these measures. The analysis conducted provides grounds for considering that the catalogue of direct coercive measures provided for in Article 74 § 3a of the Code of Criminal Procedure, used exclusively for the purpose of enforcing the fulfilment of evidentiary obligations provided for in Article 74 § 2 and 3 of the Code of Criminal Procedure, include: physical force in the form of transportation and overpower ing techniques (when the person is not behaving aggressively); tech nical means in the form of handcuffs placed on the hands, feet or those joined together. Moreover, the author supports the postulate raised in the scien tific community related to the need to remove the misleading term ‘technical means’ in favor of handcuffs and suggests that it would be worth considering expanding the catalog of these means to include a multifunctional baton of the tonfa type. Moreover – following other representatives of the doctrine – he raises another postulate regarding the regulation in the Code of Criminal Procedure of the issue of the use of direct coercion measures or at least the introduction of appropriate provisions referring to the Act on Direct Coercive Measures and Fire arm. 

Court experts play an invaluable and highly significant role in judicial proceedings. The performance of this function involves numerous challenges that, among other factors, affect the quality and credibility of the expert opinions they prepare. What are the most common challenges faced by medical expert witnesses? Which solutions could encourage potential candidates to undertake this role? Can artificial intelligence truly address the problems related to the functioning of court-appointed experts in Poland? The purpose of this study is to identify the main problems associated with the preparation of expert opinions in the field of medicine and to indicate possible solutions.

This paper presents the difficulties, barriers and problems of rehabilitation covering selected categories of persons deprived of their liberty. The starting point for the considerations is to present the assumptions of rehabilitation as an element that serves the social rehabilitation of inmates. This is one of the basic tasks set by penal institutions and the entire formation of the Prison Service. Among the selected groups of inmates, which are affected by various rehabilitation problems, foreigners, incarcerated on short-term prison sentences, dangerous prisoners, members of the criminal subculture and penitentiary recidivists were presented. All these categories have one thing in common – they represent a certain rehabilitation challenge, which is an additional problem that officers in prisons have to face.

The article discusses the institution of share redemption without reducing the share capital in a limited liability company (with reference to the Act of September 15, 2000 – Commercial Companies Code). The analysis covers problems resulting from the lack of precise regulations and rulings, the low popularity of this solution, and complications that may arise from other acts (e.g., the Act of March 1, 2018, on counteracting money laundering and terrorist financing, or the Act of August 20, 1997, on the National Court Register). The study presents mathematical methods that allow a company to easily calculate the new nominal values of shares so that the sum of their nominal value after redemption is consistent with the share capital. The study also covers a method of tax optimization using the discussed institution.

This publication focuses on presenting the role of expert evidence in cases involving water damage. The research objective is to identify significant practical issues related to the nature of the evidence in question, including the scope of taking this evidence, the binding nature of the authority issued by the opinion, the expert’s specialization, and the entity obligated to cover the costs of the opinion. Within the selected research topic, the provisions of water law, legal doctrine, and administrative court case law were analyzed. Inquiries were also sent to the authorities conducting the proceedings in question, aimed at obtaining information on the practical application of expert evidence. The analysis concluded that expert evidence is generally mandatory. However, in practice, such evidence is not always required. The reasons for this may vary, but the prevailing argument is the financial burden associated with covering the expert’s fees for preparing the opinion.

The article addresses the impact of local diagnostic research on social services on the decision to transform the Municipal Social Welfare Centre (GOPS) in Mogilany into a Social Services Centre (CUS). The analysis is embedded in the broader context of a paradigm shift in Polish social policy, namely the transition from a system oriented towards cash benefits to a model based on the development of integrated social services delivered close to the place of residence. The empirical core of the text is a case study of the Municipality of Mogilany, in which a research approach based on data triangulation was applied: analysis of existing data, survey research, and focus group interviews with key categories of residents. The findings of the diagnosis were subsequently translated into the Social Services Programme, service standards and a service plan, and then became the basis for municipal council resolutions establishing the CUS and adopting its statute. The article demonstrates that this entire process forms a coherent ‘evidence chain’ – from research, through programming, to lasting institutional change – and that the transformation of GOPS into CUS represents a qualitative change in the operating model of local social administration, from a benefit-oriented approach to a service-oriented and integrated one.

This article discusses the upcoming changes to criminal law, which are intended to improve road safety. In addition to analyzing the changes made to the Polish Penal Code, the author examines the possibility of applying liability for intentional crimes, including manslaughter, to the most serious behaviors that threaten the life and health of road users. This argument is illustrated by an analysis of the so-called ‘Berlin case’ from 2016, in which a court found a participant in an illegal street race guilty of intentional murder. The arguments regarding the possibility of applying a similar solution in Poland apply particularly to situations in which the perpetrator fails to take any action to protect the fundamental legal rights of road users, which may lead to the belief that they are consenting to the most serious consequences for life and health.

The research and development project, ‘A System Supporting the Resolution of Legal Disputes Submitted to an Electronic Arbitration Court Using Artificial Intelligence Algorithms,’ aimed to create the first system in Europe to support the resolution of disputes submitted to an electronic arbitration court using artificial intelligence algorithms. This article describes the fundamental challenges associated with the system’s development, including the process of building a machine learning model to support arbitrators.

The article presents a discussion concerning the interpretation of specialist legal issues by individuals issuing opinions for procedural authorities. The authors present the position that although performing legal interpretation for procedural purposes falls exclusively within the competence of those authorities, issuing many types of expert opinions is not possible without a proper understanding – and thus interpretation of the law. This is justified by the broad interdisciplinarity of contemporary expert opinion matters and the established methodology of issuing opinions in many types of cases. Attention is drawn to the fact that speaking about the cause of a road traffic incident is not identical to describing or determining guilt. Using the examination of road traffic incidents as an example, the authors present arguments, from both sides of the dispute, as well as certain situations in which interpreting a given legal norm is necessary. For instance, determining the possibility of avoiding a road traffic incident requires establishing the duties and the moment of reaction of individual active participants in the incident, which is closely linked to issues of right of way in road traffic, the principle of ordinary and heightened caution, as well as the principle commonly referred to as limited trust. Similar interpretative necessities arise in cases concerning the settlement of motor insurance claims and the related guidelines. The paper presents arguments contained in forensic literature as well as in strictly legal literature. It also addresses issues related to legal liability for issuing a false opinion by a court expert, as well as, additionally, by an expert issuing such an opinion outside procedural proceedings.

This article analyzes the institution of expert witnesses in the field of forensic medical opinions they prepare, with particular emphasis on polish criminal procedure and medical law. The article addresses the provisions of applicable law regarding expert evidence in criminal proceedings, legal acts covering the subject of expert witnesses, and regulations determining their liability in the context of their opinions. Furthermore, the authors assess the current practice of preparing forensic medical opinions by experts in medical proceedings, highlighting the perceived shortcomings of the evidence discussed. What is more, analyzing the identified problems and the criteria for assessing opinions by procedural bodies, a proposal is presented for the elements that should be included in a model forensic medical opinion, drawing on practice and applicable regulations. The article highlights issues that have not yet been regulated, but whose introduction by the legislature would significantly improve both the quality of opinions prepared and the applicable procedural procedures. The article’s issues remain relevant in the context of the long-announced legislative changes, referring to the noticeable need to standardize the institution of a expert witness. Moreover, the presented proposals for regulations, the introduction of which could standardize and support the use of the discussed type of evidence by procedural authorities.