PRZYCZYNEK DO KONCEPCJI NIEBEZPIECZEŃSTWA W PRAWIE KARNYM
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Date
2004
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Wydział Prawa i Administracji UAM
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CONTRIBUTION TO THE CONCEPT OF DANGER IN CRIMINAL LAW
Abstract
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.
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Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny 66, 2004, z. 2, s. 77-97.