KONTROWERSJE WOKÓŁ PRZESTĘPSTWA PODOBNEGO
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Date
1999
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Wydział Prawa i Administracji UAM
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CONTROVERSES ABOUT SIMILAR OFFENCE
Abstract
Pointing out two different definitions o f such an offence in old (1969) and present (1997) penal
codes, the Author attempts to answer the question what does this change mean and what are its
consequences for the Polish system o f penal law.
Two fundamental trends in defining objective similarity of acts are then described: firstly - on
a basis of comparison o f particular types of prohibited acts and, secondly, on a basis of the precise
object of violence attempted. The role of principal and secondary object of protection, so far as
defining of objective similarity of offences is concerned, is also discussed. Also the perpetrator’s
way of acting as a criterion for defining similarity and the importance of the fact that given offences
were directed against an interest of nearing kind which is protected by law - have attracted
attention of the Author. When citing particular regulations, the Author indicates concurrence of
legal rules and appreciates its role in fixing up objective similarity o f offences.
Finally, the Author formulates her suggestions to the address of judicial decisions: how to
proceed in what concerns the adoption o f legally proper qualification o f a given act.
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Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny 61, 1999, z. 2, s. 71-91.