The main objective of this project: Analysis of the constitutive rules concept and its approaches in criminal law through the prism of Polish and Italian Systems
It is important to note that the Adam Mickiewicz University in Poznan, and later Szczecin University have made a significant contribution to the development of the theory of conventional acts in the general theory of law, and especially proved its application in dogmatics. Many scholars from these research centres have contributed to this topic (S. Czepita, Radwański, B. Janusz-Pohl, L. Pohl, J. Wieczorkiewicz-Kita, K. Gmerek). Nevertheless, one shall observed that the works of Czeslaw Znamierowski and those of Zbigniew Ziembinski and Maciej Zielinski laid the foundations of this concept. Other scholars, such as Wojciech Patryas, Leszek Nowak and Stanislaw Czepita, played an important role in its development.
In Italy the concept found some development in the philosophy of law field, where some scholars focused on “creative” norms of juridical facts (which are called, indeed, “constitutive” (C. Roversi, G. Carcaterra, A.G. Conte, L. Ferrajoli).
The preliminary research carried out by AMU and SAPIENZA has shown that the concept of conventionalisation and formalisation of acts could be useful in explaining issues within the Italian criminal system. The next natural step is to determine whether this approach is applicable within the existing Italian Criminal Procedure Code and how far its implementation is possible. This question is raised by the mere fact that the organisation of the criminal procedure in the two countries is very different. The Polish system can be considered to be a mixture of the two, with the dominance of the inquisitorial mode. On the other hand, the Italian system, which is the most common among continental criminal law systems, is dominated by the accusatorial principle.
Consequently, the performers plan to confront the Polish concepts of legal norms – particularly competence norms – with the one analysed by Italian doctrine, as well as the ideas of conventionalization and formalization of acts that would enable them to theoretically and fundamentally enrich their considerations on procedural acts within their legal system.
Therefore, this project has three main goals. The first goal is to popularize and internationalize the achievements of the Poznan-Szczecin school of law on norms and acts.
The second goal is to establish whether these concepts – most notably, the considerations on norms and conventional acts – shall have a counterpart in the Italian juridical system and criminal procedure.
If the two previous objectives are positively verified, our main goal is to determine whether the conception of conventionalization and formalization of acts in the criminal procedure can be applied within the provision of the Italian Code of Criminal Procedure.
This project is of a complex nature as it composes two legal systems organized differently. Although there are shared values, ground rules and foundational principles, the mere level of adversariality or lack of division of procedural terms makes a straightforward application of analyzed concepts impossible to carry out. Therefore, its implementation has been planned for 24 months, divided into 3 stages. As a basis of the research approach, a formula of triangulation has been used, which constitutes: triangulation of data (using in the description of a given phenomenon data from different sources which allows determining the relationship between the analyzed phenomenon’s), triangulation of researchers (involving into research process a bigger group of researchers) and triangulation of methods (using many research methods and techniques).
For the purposes of this research project, an application of several research methods is planned. Primarily, the research team will apply the dogmatic-legal method and theoretical-legal method. Moreover, the correctness of the assessment will be ensured by application of the heuristic method, within which the analysis will be performed from particular to general issues and from general to particular issues.
Associate Professor at the Department of Criminal Procedure, Adam Mickiewicz University, Poznań.
Professor in Criminal Procedure, Sapienza University of Rome, Department of Legal, Philosophical and Economic Studies.
Associate Professor in Criminal Procedure, University of Bologna, School of Law - Department of Legal Studies.
Associate Professor at Sapienza University of Rome, Department of Legal, Philosophical and Economic Studies.
Associate Professor in Legal Philosophy, University of Bologna - School of Law - Department of Legal Studies.
Associate Professor in Criminal Procedural Law, University of Urbino.
Assistant Professor at the University of Szczecin
Research Fellow at University of Trento
Research Fellow at the Sapienza University of Rome.
PhD Candidate at Adam Mickiewicz University and Bologna Univesity.
PhD Candidate at Adam Mickiewicz University
Law Student at Adam Mickiewicz University
We are pleased to inform you that the project kick-off meeting was held on December 11, 2023. During the seminar, the Polish research findings within the framework of the applied approach were presented. The seminar Read more…