Aviation Criminal Law Regulations of the Tokyo Convention and the Penal Code to Counteract Terrorist Acts

• Published in: Journal of KONBiN Vol. 51; no. 2; pp. 43 - 62
• Main Authors: Mendala, Oliwier, Tokarska, Katarzyna
• Format: Journal Article
• Language: English
• Published: Warsaw Sciendo 01.06.2021; Air Force Institute of Technology
• Subjects: act of terrorism; Aviation; Crime; Criminal law; institution of extradition; international and territorial legal acts related to terrorism; International law; Jurisdiction; jurisdiction of adjudicating courts of law; Regulations; Terrorism
• ISSN: 2083-4608; 1895-8281; 2083-4608
• DOI: 10.2478/jok-2021-0021

The aim of the study is to present issues related to acts of terror and attempts to counteract them, whose subject matter of which is governed by a number of legal acts of various territorial scope, primarily by regulations contained in the Tokyo Convention, which is a source of public international law, and Polish normative acts, such as the Aviation Law together with legal and penal regulations. The paper presents considerations aimed at indicating the proper interpretation of the provisions regulating the obligation to undertake investigative and explanatory actions as part of pre-trial proceedings conducted by the prosecutor, the issues of jurisdiction and competence of the courts adjudicating in criminal cases, and the issues concerning the institution of extradition and its legal basis.