Law and Legal Proceedings on Delinquency
2751-BW-S1-3-PiPW
The lecture begins with discussions on the characteristics of offenses law as a separate branch of law, types and evolution of adjudication systems in offense cases, and the nature of liability for offenses, which is based on the same principles as criminal liability for crimes. This will be supplemented by the growing importance of so-called administrative delicts, i.e., administrative-criminal sanctions.
Next, we will move to the general part of the Code of Offenses. This section will focus on the conditions of criminal liability (the law as a source of criminal norms, guilt), the elements of prohibited acts, types of offenses, changes in regulations, time and place of commission, liability for acts committed abroad, statute of limitations, and execution of penalties and criminal measures. It will also discuss the stages and phenomena of offenses, circumstances excluding unlawfulness and guilt, and concurrence of offenses and provisions. Further discussions will cover penalties and criminal measures, sentencing guidelines, and measures related to putting the offender to the test (suspension of arrest). Emphasis will be placed on the differences in solutions adopted in offenses law compared to the penal code, in relation to the lesser harmfulness of acts classified as offenses.
The latter part of the lecture will address selected issues from the special part of the Code of Offenses: the most important offenses (e.g., against public order, property, security, or order in communication). The lecture will then focus on the proceedings in offense cases: general principles of these proceedings (which are essentially similar to criminal proceedings), parties to the proceedings, their rights and obligations, the so-called explanatory actions, and the types of proceedings in offense cases, with a particular focus on summary, expedited, and fine-based proceedings.
Total student workload
Within the course "Law on Misdemeanors," the student is required to complete a total of 125 hours of work, including 15 hours of lectures and 15 hours of exercises.
Lectures (15 hours) During the lectures, students acquire theoretical knowledge about offenses law, including the basic principles of liability for offenses, the evolution of adjudication systems, the characteristics of different types of offenses, the conditions for criminal liability, and the structure of the Offenses Code. The course also covers issues related to penalties and criminal measures, as well as procedures for handling offenses cases. Students are introduced to the practical aspects of offenses law, including the analysis of selected offenses and the procedural aspects of summary, accelerated, and fine-based proceedings.
Exercises (15 hours) During the exercises, students engage in case analysis and problem-solving, which enables them to apply the theory of offenses law in practice. The exercises also include group discussions and the resolution of legal issues related to liability for offenses, the selection of appropriate penalties and criminal measures, as well as the analysis of procedural issues in offenses cases.
25 hours - contact hours (consultations)
Independent Work (70 hours) Outside of class, students should dedicate additional time to studying, which includes:
Reviewing literature and source materials, including the Offenses Code.
Preparing for class, including case analysis and legal problem-solving.
Preparing presentations and written work related to the topics covered.
Completing additional exercises and preparing for the exam.
The total student workload for the "Offenses Law" course amounts to approximately 45-50 hours, including participation in lectures, exercises, and independent study.
Learning outcomes - knowledge
Upon completing the course, the student:
Knows the basic concepts and principles of offenses law and its place in the legal system.
Can identify and describe the types of offenses and the systems of adjudication in cases concerning offenses.
Understands the differences between criminal liability and liability for offenses and knows the principles of liability for offenses.
Knows and is able to interpret the provisions of the Offenses Code, including the conditions for criminal liability, forms of offenses, and penalties and criminal measures.
Is familiar with the provisions regarding procedures in offenses cases, including summary, accelerated, and fine-based proceedings.
Learning outcomes - skills
Upon completing the course, the student:
Can analyze cases of offenses and apply the provisions of offenses law to specific situations.
Is able to solve legal problems related to liability for offenses, selecting penalties and criminal measures.
Can prepare and present a presentation on selected issues of offenses law.
Can assess the correctness of the legal measures applied in various offenses proceedings.
Can identify and analyze issues related to proceedings in offenses cases.
Learning outcomes - social competencies
Upon completing the course, the student:
Is aware of the importance of adhering to offenses law in the context of social order and the protection of public interests.
Can work in a group, participate in discussions, and collaborate in analyzing legal issues related to offenses.
Demonstrates a responsible attitude towards adhering to legal norms and applying the law in practice.
Understands the role of offenses law in ensuring public safety and legal order.
Teaching methods
The following teaching methods will be applied in the "Offenses Law" course:
Lectures – This method is used to convey theoretical knowledge about the law of offenses, its principles, adjudication systems, types of offenses, and procedural issues. Lectures allow students to become familiar with the basic legal provisions and their interpretation.
Practical exercises – Case analysis and solving specific legal problems related to liability for offenses. These exercises enable students to apply the acquired knowledge in practice, develop analytical and argumentative skills, and learn to solve legal problems in the context of offenses.
Group discussions – Conducting debates on controversial issues in offense law, analyzing court rulings, and discussing problems arising in practice. Discussions foster critical thinking, argumentation skills, and allow for the exchange of views.
Independent work – Solving case studies, preparing for classes, analyzing literature on the subject, and studying source materials, including the Offenses Code. Independent work allows students to reinforce the knowledge they have gained and develop skills in applying legal provisions in practice.
Simulation of offense proceedings – Playing the roles of participants in legal proceedings (e.g., defense attorney, prosecutor, judge) to better understand the procedures in cases of offenses and the roles of the parties involved in the process.
Presentations – Preparing and presenting topics related to offenses law, which develops public speaking skills and the ability to draw conclusions based on legal provisions.
Analysis of court rulings – A detailed discussion of selected court decisions related to offenses, helping students better understand the practical application of the provisions of offenses law.
Observation/demonstration teaching methods
- display
Expository teaching methods
- description
- discussion
- programmed material
- problem-based lecture
- participatory lecture
Exploratory teaching methods
- presentation of a paper
- panel
- practical
- case study
Prerequisites
(in Polish) Brak.
Course coordinators
Assessment criteria
Lecture: Written Exam – The exam consists of three questions: two related to the substantive law of offenses (issues from the general part of the Offenses Code, such as the prerequisites for criminal liability for offenses, forms of offenses, and criminal sanctions in the law of offenses), and one related to the proceedings in cases of offenses (principles of the procedure, investigative actions, and special procedures).
Bibliography
A. Marek, Law of Offenses (Material and Procedural), Warsaw 2012
T. Bojarski, Law of Offenses: An Outline of the Lecture, 4th edition
Bojarski, Radecki, Code of Offenses: Commentary, Warsaw 2011
Marek: Law of Offenses (Material and Procedural), Warsaw 2006
Enerlich et al., Law of Offenses: Tables, Schemes, Case Law, Warsaw 2005
M. Mozgawa (ed.), Code of Offenses, Warsaw 2011
R.A. Stefański, Traffic Offenses, Warsaw 2011
Legal Acts Database - LEX
Additional information
Additional information (registration calendar, class conductors,
localization and schedules of classes), might be available in the USOSweb system: