Ruch Prawniczy, Ekonomiczny i Socjologiczny, 2004, nr 2

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PRZYCZYNEK DO KONCEPCJI NIEBEZPIECZEŃSTWA W PRAWIE KARNYM
(Wydział Prawa i Administracji UAM, 2004) Grzegorz, Łabuda
The article deals with the notion of danger in criminal law, which forms a basis for the legislator to construct dogmatic figures that serve the purpose of penalization of behaviour which is preliminary to infringement of intangible assets. Danger is a phenomenon that exists in objective reality (there is or there is not a certain phenomenon). However, for full characteristics of danger, a subject’s assessment of the phenomenon is indispensable, which leads to a conclusion that danger is a subjective phenomenon. Danger is a phenomenon connected with existing probability of infringement of intangible assets. This probability must exceed a certain threshold of intensification (e.g. it must be substantial or high). It is not important for the existence of danger whether there has been an infringement of an intangible asset or not (an infringement can occur, but does not have to). Infringement of an intangible asset does not have to follow previous danger, and danger does not have to result in infringement of an intangible asset.