Odpowiedzialność karna za przestępstwa prasowe
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Date
1985
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Wydział Prawa i Administracji UAM
Title alternative
Criminal responsibility for press offences
Abstract
The Press Law Act of 26 Jan. 1984 (Dziennik Ustaw nr 5 sec. 24) came to
force on 1 July 1984. The long awaited act regulates in an integrated way the
legal issues in the aspect of mass media. There are also provisions introduced in
the scope of responsibility for press offences.
Although the notion of "press offences" is not defined in the new act, but
a study of the regulation, especially of art. 53 sec. 1 indicates that two categories
of offences are defined by the legislator under that notion: offences committed
in press and the remaining, defined in the statutory provisions, although unnamed.
The discussion is basically devoted to that second category of press offences,
but the first one is also present on account of the analysis of two provisions of
the Press Law (art. 41 and 42) modifying the present rules of criminal responsibility.
The remaining penal provisions of the new Press Act (art. 43-49) are thoroughly studied in the article and estimated from the viewpoint of their practical
application. It has to be therefore stated that a number of provisions is formulated
unclearly and not precisely leaving too much room for free interpretations.
Parts of the regulation are taking no account whatsoever of the reality of jurnalist's
work.
The analysis induces to formulation of numerous critical remarks. These are
concerning both formal issues and a matter of the studied provisions. A considerable
penalisation of the act is the most striking feature of the Press Law, it is
on the one hand visible in a substantial number of press offences defined in the
act (as many as eleven) and on the other in severe sanctions for those offences.
In many cases those penalties seem to be in no proportion to the offences and
sometimes they are of no avail. Except of one case all the offences are publicly
persecuted. On the other hand the legislator did not see the need of introducing
a legal sanction in cases of some provisions which are extremely significant from
the social point of view.
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Digitalizacja i deponowanie archiwalnych zeszytów RPEiS sfinansowane przez MNiSW w ramach realizacji umowy nr 541/P-DUN/2016
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Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny 47, 1985, z. 3, s. 43-58