WNIOSKOWY TRYB ŚCIGANIA PRZESTĘPSTW W POLSKIM1 I NIEMIECKIM2 PRAWIE KARNYM
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Date
2001
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Wydział Prawa i Administracji UAM
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THE CRIME PROSECUTION FOLLOWING THE INJURED PERSON’S MOTION IN THE POLISH AND GERMAN CRIMINAL LAW
Abstract
The aim of the article is to present some selected problems of offences prosecuted on the
injured person’s motion against the background of the binding regulations of the Polish and German
criminal law. The prevalent pattern followed in the paper is: „case - solution” and the examples
provided are all practice-based.
The starting point of the discussion is a historical perspective of the motion for prosecution
and then the dogmatic grounds of the motion construct in both systems is presented. The following
points are investigated in greater detail: firstly, the place of the motion in the broadly understood
system of the criminal law (the motion being an instance of departure from the rule of prosecuting
ex officio)', secondly, the legal nature of the motion and, thirdly, the legislative principles of applying
this mode of prosecuting in both countries. Furthermore, the author extensively discusses the
problem of classifying the offences which can be prosecuted following a motion as well as the issue
of statutory definitions of such notions as „next of kin” and „injured party”.
The legal comparative method allowed to draw upon the broad experience of the German
legal studies. The so-called herrschende Meinung, commonly accepted in Germany, provides
a number of examples implying the existence of both major similarities and glaring discrepancies
when it comes to the treatment of the selected issues of torts prosecuted on a motion.
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Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny 63, 2001, z. 4, s. 89-119
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0035-9629