Znamiona ilościowe w p rocesie kontrawencjonalizacji w kontekście zasady nullum crimen sine lege — wybrane zagadnienia
Ładowanie...
Data wydania
2014
Autorzy
Tytuł czasopisma
ISSN
1689-8052
eISSN
Tytuł tomu
ISBN
eISBN
Wydawca
Oficyna Wydawnicza AFM
Abstrakt
As for now, the Polish law of misdemeanours has not worked out a uniform concept.
Historically, its developments have assumed various conceptual structures — starting
with an administration type of model through the current one that comes closer
to that of a criminal liability. As early as in 1918, while developing a concept of the
law of misdemeanours, it was disputed whether misdemeanours should be recognised
as a separate category, including cases o f violation of the order, or as those that were
primarily related to the sphere of administrative actions or whether they should be
established on the basis of that social harm they caused and to assume that a misdemeanour
was a petty form of an offence. The current model that has been worked out
in the course of transformation is characterised by a significant lack of cohesion, and
this assessment is even more substantiated by implementation of a concept o f the socalled
hybrid offences. The concept itself consisting in the diversification of liability by
creating the so-called hybrid offences is a relatively new solution under the Polish system
which raises significant doubts, largely in terms of its theoretical aspects, and also
the one that creates serious practical issues (e.g. in 87 of the Code of Misdemeanours
and under 178a of the Polish Penal Code). Conducting research within the planned
extent process of contraventionalisation and principle n u llum cr im en sin e le g e has been
assumed to provide for w orking out the basis for adopting coherent and uniform solutions
with regard to the liability for w hat is referred to “petty offences,” and then allow
undertaking further research, for example, into specific Polish solutions concerning offences
and misdemeanours against safety in traffic in terms of clear limits and nature of
such a liability which would serve as a reference point in legislation works in the future.
Opis
Tematy
Słowa kluczowe
process of contraventionalisation, principle nullum crimen sine lege, misdemeanour, off ences, “petty off ences”
Źródło
Studia Prawnicze. Rozprawy i materiały 2014, nr 2, s. 111-146.