Stealing to Go Unpunished

Stealing for the Masses

Losses resulting from petty theft in shops amount to 3% of the overall sales of these goods. Trade organisations are warning us that an increase in the limit of what is deemed a crime from PLN 250 to PLN 800 will cause even greater losses. These changes in the law will hit small businesses hardest as they do not possess the resources to invest in modern security systems. Marcin Kraszewski, director of the Polish Trade Foundation (Fundacja Polskiego Handlu) says that this idea is dangerous, both for business people, customers and society at large, especially for young people, as this amendment may lead them to think that theft stops being a crime at some point. According to the National Police Headquarters (Komenda Główna Policji), who came up with the idea of increasing this limit, the amount of PLN 250 was set in 1989 and is too low now. Furthermore, it should be raised to PLN 1,000. Supporters of this change believe that delinquency is easier to prosecute than a crime, as there is no need to involve so many police officers. Moreover, investigation time is shorter. The police, prosecutors and judges would not be burdened with so many cases, which could save money. However, the Polish Chamber of Commerce (Polska Izba Handlu) alerts the public that current regulations are already difficult to swallow for traders. There are even organised crime groups whose members specialise in stealing products worth less than PLN 250. The above-mentioned modifications would allow such people to steal goods worth up to PLN 800 with impunity, while statistics would show that the crime rate in Poland is decreasing, according to the Polish Chamber of Commerce. Marcin Kraszewski also provides the example of an owner of several gas stations, who claimed that each of his stations loses PLN 2,000–3,000 due to theft alone of fuel not exceeding PLN 250 in value. The Polish Trade Foundation, as well the Polish Chamber of Commerce want to convince MPs not to implement these changes.
Interia.pl

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Maternity Leave Changes

Is it Getting Better?

The year 2013 will be very favourable for those who intend to take maternity leave, since it is extended to 12 months, however, for the first 6 months women are eligible to 100% of their salary. Women whose expected delivery date falls after 17th March 2013 may take additional parental leave following maternity leave. In 2013 maternity leave amounts to 24 weeks during which a mother receives 100% of her salary. After the end of maternity leave, the mother is eligible to an additional 28 weeks of parental leave. Consequently, in 2013 maternity leave will last in total one year (including parental leave). These additional 4 weeks of maternity leave (prior to 2013 maternity leave amounted 20 weeks) is so-called additional maternity leave for which an employee must file a request with her employer. The employer may not refuse. Maternity leave will subsequently be extended and in 2014 will amount to 6 weeks in the case of the birth of one child and 8 weeks in the case of the birth of more children. The amendments introduced in 2013 apply solely to those women that commenced their maternity leave after 17th March 2013 and at the time of the amendments coming into effect will be in their last week of maternity leave. This means that after calculating the maternity leave period, first-time mothers will take parental leave on 1st September 2013. Moreover, from 2013 starting from the 20th week of maternity leave women have the right to combine maternity allowance (and thereafter parental allowance) with a job. A woman who would like to take up a job during maternity or parental leave may only work part-time, in which case maternity allowance will be proportionately reduced. From 2013 during the course of maternity leave a woman may not be dismissed and after returning to work she must be entitled to the same or equal position or any other position adequate to her professional qualifications. In addition, after returning from maternity leave the woman must receive a salary equal to that of similar positions, and not as is commonly believed salary that the woman earned prior to taking the leave. Prior to 2013 a father was eligible to take part of the woman’s maternity leave in the case of: (i) the death of a mother, (ii) the rejection of a child, (iii) hospital care of the mother (14 weeks following the delivery of a child). In such an event, the father has the same rights as the mother using the maternity leave even though maternity leave is automatically suspended.

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Speed Cameras Galore

Hold your Horses

In 2012 the budget gained a mammoth PLN 32 million from fines obtained thanks to speed cameras. As Taduesz Jarmuziewicz, deputy Minister of Transport, said there are 600 speed cameras in Poland, which means that there are 28 per each million vehicles. The lower chamber of the Polish Parliament, the Sejm, has begun work on regulations concerning road traffic and each political party has proposed amendments to current law. According to Law and Justice (PiS), speed cameras should be installed only in high-risk areas where accidents always take place due to speeding. Places considered to be particularly dangerous would include sections of road where accidents have often occurred over the past five years. Additionally, the Road Transport Inspectorate would not be able to record the violation by the use of portable devices, as well as those installed in vehicles. PiS is also demanding that all income obtained from speeding fines go towards a fund for the development, improvement and modernisation of roads. The second proposal, put forward by the Democratic Left Alliance (SLD), aims to relocate speed cameras, additionally the distance between them should be standard. According to the proposal, income from speeding fines should go directly to the National Road Fund. SLD also proposes to put an end to the practice of the use of speed cameras by municipalities (pl. gminy) in order to use the money from fines for other purposes. The third proposal by United Poland (SP) aims to reduce the number of speed cameras to 20% leaving only those that actually improve safety, for example near schools and hospitals. The proposal also provides for the creation of a special fund for victims of traffic accidents, which would be financed entirely from speeding fines. The final proposal, put forward by the ruling Civic Platform (PO) aims to re-locate all money obtained from speeding fines from the Road Transport Inspectorate to the National Road Fund in order to improve safety on roads. According to data provided by the police, in 2012 36,500 accidents took place in which 3,500 people were killed and 45,000 injured on Poland’s roads. Although the number of fatalities is at its lowest since 1989, it is still high when compared to other European countries.
Interia.pl

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Selling Newborns

Could You Sell Him?

PLN 2,000 is enough to buy a newborn in Poland. There is no legal regulation which might prohibit this. “I will give a baby girl away. Urgent!”. Such announcements for mothers-to-be can be found on the internet. Many of them do not beat about the bush and confess that they are looking for “very determined, wealthy people” who could adopt a baby. Journalists came across Karolina from Warsaw who is 19 years old and pregnant with her third child. Together with her husband, son and daughter she lives in a one-room flat in Warsaw. Their home is 8 meters squared and has no windows. She wanted to become a seamstress, but pregnancy ruined her plans. Karolina is five months pregnant and promises to sell her baby for PLN 6,000, paid in four instalments. Earlier she had an offer from a couple who were willing to pay PLN 2,000. There were also some foreigners who showed an interest, and even offered to pay her a salary until she gives birth, but it meant having to leave her family so she refused. When journalists contacted her, she said that if the wannabe parents cannot afford to pay the full amount, she is ready to lower the price. Karolina is not unique. Our journalists have also received offers from other women: ‘M’ is 19 years old, has a difficult situation at home, and is three months pregnant. She is willing to sell her baby, but only if she can name it first. ‘A’ is 25 years old, the due date is in July. She is ready to give her newborn away because of debt. Many similar cases have become public and end up in court. For prosecutors, however, it is difficult to return a guilty verdict on the basis of human trafficking regulations, as the sale of newborns is not in the 2010 amendment to the Penal Code. Only someone who is found guilty of selling or buying another human being in order to use him or her for work, begging, prostitution or pornography can be penalised. The legislation does not include situations in which newborns are bought in order to be raised by a new family. Even if such cases are penalised, they usually concern attempts to forge documents by the biological mother who gives false statements so that the birth certificate can include the names of the wannabe parents.
Newsweek.pl      

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Polish House Prices Set to Rise

Time to be a player?

It seems that housing prices have now reached their lowest level in six years. This trend, however, is likely to reverse during 2013 due to decreasing supply. Those looking for a property, but still waiting to make a move should buy. Changes in the banking sector are one of the reasons why this is so. Favourable reductions in mortgage rates and the liberalisation of regulations on granting mortgages will possibly result in the long-awaited unblocking of demand. Since November 2012, the Monetary Policy Council has already lowered NBP interests rates threefold. In January, the main reference rate amounted to 4%, however it is expected to further drop up to 3%, as some analysts predict. Thus, monthly instalments will be lower, while creditworthiness will be higher. Currently, due to too many properties being on the market, less strict restrictions concerning the financing of purchases and the huge demand of Poles to posses their own flat, the housing market will begin to bounce back. Consequently, the number of transactions will increase and properties will be sold much more quickly.

On the other hand, the range of offers will become narrower, while sellers less flexible. Therefore, it is better to take the opportunity and realise one’s purchase plans now, especially because current price levels are comparable to those back in 2006-2007. For instance, the average price of a two-room apartment per square metre in January 2013 was: PLN 7,590 in Warsaw; PLN 6,480 Kraków; PLN 5,360 Wrocław; PLN 5,210 Gdańsk; PLN 5,190 Poznań; PLN 4,440 Katowice and PLN 3,790 in Łódź. According to Reas, the number of completed and as yet unsold houses in six major Polish cities amounts to about 15,000. The over-abundance of housing is best illustrated by the disproportion between the number of buying and selling offers, which in January 2013 was 1:19, according WGN Real Estate. At the same time, the latest data provided by GUS (Central Statistical Office) indicates that the number of new houses introduced into the market will fall in the forthcoming years. 165,092 permits to build houses were issued in 2012, which is 10.3% less than in 2011, while 141,798 houses were actually constructed (which is 12.6% less than last year). The conclusion is obvious. We should take a chance and benefit from the special offers of developers, consider all opportunities and negotiate, negotiate, negotiate. What is certain is that the decision to buy a house or apartment should not be postponed.
Biznes.pl

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Bike Risk in Warsaw

Bicycle Race?

Today’s kamikazes do not fly planes. They ride the city’s cycle paths. I myself am one of them and there are times I am truly scared of cycling. The day before yesterday, a close encounter with a car ended in a bent wheel and a scratched bumper. There were of course the usual insults because the driver of the Mazda, who impetuously drove into the cycle lane and destroyed my bike, did not even bother to stop. At the end of the day, I was the guilty one as I was riding a cycle path at the precise moment when the driver decided to leave the car park. The fact that I had right of way meant absolutely nothing. In April, Warsaw city authorities announced that cyclists are just as often responsible for road traffic accidents as pedestrians and car drivers. Cycling may be booming at the moment, but Polish people still prefer to walk or use the car. The average Polish pedestrian will often step onto a cycle path without even looking to check if they are about to be hit by a speeding bike. After all, (in Warsaw) the pavement is right next to the cycle lane, so that’s OK. If something happens, the cyclist is the only one to blame. Even though the police can fine pedestrians strolling onto a cycle path, this regulation is not implemented as the police believe it makes no sense to punish anyone for such a petty misdemeanour.  Things get even worse when the cycle path or bike lane abruptly ends. According to the law, cyclists can use the road, but they should stick to the right side. If a cyclist attempts to pass a car in a traffic jam and the car suddenly pulls over and causes an accident, the cyclist is to blame, due to the fact it is illegal to overtake on the right. The main problem is that Polish people are not ‘mentally’ ready for the presence of bikes on the roads, also due to the inadequate training of future drivers. Materials distributed during driving courses leave the issue of the priority of bikes unsaid and exam questions, which were in force until January, did not even include a single question concerning bikes on the roads.
Newsweek.pl

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Smoking Weed Legally?

To Smoke or Not to Smoke?

According to Newsweek, there may be a chance that this year thousands of Poles will be able to smoke weed legally. What is more, they will be doing it for science. It turns out that Polish law allows the intake of the drug but only if it is part of a scientific experiment. BioInfoBank, a scientific unit active in the fields of innovative computer science and biotechnology, is planning on using this particular loophole in the law. This time the institute is planning on carrying out a number of neuro-psychology experiments on long-term marijuana users. They want to examine how the drug affects cognitive functions, mental abilities and social relations. The initial plan is to examine at least a thousand volunteers, but the institute is counting on as many as 10,000 ‘guinea pigs’. “We would like them to be people over thirty, who have been smoking for many years,” says Jędrzej Sadowski, a lawyer, one of the initiators of the project and a BioInfoBank adviser. He adds that the project has been positively assessed by the Bioethics Commission of the Poznań University of Medical Science. The Pharmaceutical Inspectorates have not questioned the initiative either and their opinion is the key to obtaining permission to conduct experiments. Volunteers wishing to take part in the programme will be able to sign up on a forum on a special website in the following weeks. But before they sacrifice their health for science they will have to be thoroughly examined by a doctor. “Experiments will be carried out in co-operation with addiction specialists,” says Sadowski. This means that the participants will be under medical supervision. Their personal data will also be protected. The first phase of the project will be sponsored by BioInfoBank. Yet, to prevent the institute’s budget from going up in smoke, the experiment will be later financially supported by its participants, who will have to pay for the marijuana they smoke. A gram will cost about PLN 30-35, which is around the same price as on the black market. Cannabis will come from institute plantations. The first will most probably be located in Warsaw. Marijuana will be cultivated by people, who grew it illegally in the past. “Some of them will join us straight from prison,” says Sadowski. The experiment will last several years. Therefore we will have to wait a long time for its results. The initiators hope that the project will change Poles’ attitude towards marijuana.
Newsweek

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End to Plagiarism?

Catch Me if You Can

There will be 16 members in the new Disciplinary Proceedings Representatives team that the Ministry of Science and Higher Education is creating. They will replace the current team, consisting of 11 academics and university workers from the whole country, who will be responsible for good academic practices. They examine cases concerning nepotism, misuse of power, plagiarism and discrimination in colleges and universities throughout the country and will present their opinions to Education Minister Barbara Kudrycka. “The main problem is that the team cannot do much. We investigate a case, we give our opinion, the Minister agrees and nothing comes of it because the college or institution in question has a different view on the case,” says an anonymous professor. The Ministry’s team investigates cases that were brought before college Disciplinary Boards. “Apart from giving our opinion on cases where we believe punishment to be inadequately low, there isn’t much we can do,” says a team member, “What is more, when we are dealing with plagiarism, for example, the victim (the academic that has been plagiarised) cannot appeal to the college board.” Only the Disciplinary Proceedings Representative, who plays the role of a college prosecutor, has such a right. It sometimes happens that the punishment is inadequately low because the Disciplinary Board does not want to severely punish an academic from its own college. An example of this is the case of Father (Professor) Stanisław T. from KUL (John Paul II Catholic University of Lublin) who was found guilty of plagiarism between 2003 and 2008 and was reprimanded by the KUL Disciplinary Board. The Disciplinary Proceedings Representative did not appeal. “The problem is that often colleagues have to evaluate colleagues. I’m personally not a firm supporter of the Ministry’s idea for the Disciplinary Proceedings Representatives team,” the professor adds. “There’s going to be a change in the whole disciplinary system in colleges,” says Professor Jan Hartman, “We mean to strengthen the Minister’s role in the process. Unfortunately, the Representatives are now often socially involved in college society. They feel uncomfortable appealing against their fellow workers, therefore they often turn a blind eye, or cases end with negligible punishments. Furthermore, smaller collages often do not have a strong legal team, so when the accused hires a professional lawyer, the Disciplinary Board is often helpless. I believe the Ministry team will consist of Law professors.” The Ministry of Science and Higher Education informed Gazeta that these changes are a part of an amendment to the Act on Higher Education, which it is currently being worked on.
Gazeta Wyborcza

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Polish Police have a Plan

Police Facelift

Soon, all police headquarters in Poland will have to look the same. “The idea is to have some common elements. For example the colour of the building or the reception. The idea behind this is to have the point of first contact to look the same from the perspective of the citizen,” explained Police spokesman Mariusz Sokołowski on TVN24. The purpose of the Program of Standardisation of Police Headquarters and Police Stations launched by the National Police Headquarters (KGP) and the Ministry of the Interior (MSW) “is to create a uniform standard for police headquarters and police stations throughout the country, particularly in parts frequented by citizens”. It is to be implemented in 2013-2015. “We want all police headquarters to look similar from the outside. The police logo, the word POLICJA, is to be characteristic of a police facility so that every citizen can see from afar that this is a police building,” said Sokołowski on TVN24. Part of the program was an architectural competition organised together with the Warsaw Branch Office of the Polish Architects Association. On mojakomenda.pl we read that “Its goal is to achieve the model architectural concept of police headquarters and police stations”. In addition, a competition will be held to “systematize the visual identification of buildings and create a uniform standard with regards to logos, as well as the development of a visual information system inside buildings”. Sokołowski adds, “We know that it will not be possible everywhere, because sometimes police departments are located in historic buildings”. Particular emphasis is to be placed on stations that requires renovation. “About half of police stations in our country need renovation. Later on, we are going to make only appropriate changes to already renovated buildings and only if required,” stressed the Police spokesman.
tvn24.pl

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Changes in Press Law

End of Free Press?

Newspapers such as Fakt, Gazeta Wyborcza, Rzeczpospolita, Dziennik Gazeta Prawna, Puls Biznesu, Polityka, Newsweek are protesting against changes in press law in answer to the verdict of the Constitutional Tribunal which announced that the regulation concerning disclaimers and press responses is inaccurate. Therefore, senators have decided to replace disclaimers with press responses, which may evoke serious consequences. Disclaimers are usually published when an article contained information at variance with the facts. According to the statement, the obligation of publishing disclaimers is obvious, since it is the truth that newspapers should concentrate on. The press should be reliable, therefore, in the case of providing a reader with false information it is compulsory to place a disclaimer in the article and apologise. Contrary to a disclaimer, a press response does not have to apply to facts, what is more it can be sent by anyone. On the other hand, no one can forbid the press to express its own opinion or force it to propagate views with which it disagrees. However, this is what may happen after implementing the new bill. These changes may contribute to a situation in which marketing and PR departments will take advantage of the new law by placing free ads in newspapers. Left-wing newspapers will be forced to publish responses of right-wing ideologists and vice-versa. The new law will deprive editorial offices of creating their own internal policies, as well as prohibiting them from expressing their point of view. If the new bill enters into force, the Polish press would be under the influence of external factors: politicians, officials, businessman and the suchlike.
onet.pl

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