O METODZIE INTERPRETACJI PRZEPISÓW PRAWA KARNEGO
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Date
2004
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Wydział Prawa i Administracji UAM
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ON METHOD OF INTERPRETING CRIMINAL REGULATIONS
Abstract
The article concerns the correct method of interpreting criminal regulations. There is no
doubt that the way of criminal interpretation directly influences its result. Therefore, the
issue is considered as one of the most important problems in the criminal law. According to
W. Wolter, representing in this matter the classical view, the act of an explanation of the criminal regulations should be based only on the logic and language rules (dogmatic way of
criminal interpretation). And for his opponent, I. Andrejew, the aforesaid operation should be
complemented with an explanation based on the special dynamic element, connected whit
present criminal policy requirements (social needs). His view of criminal interpretation is
based on functional explanation of criminal regulations. The author of the article shows both
sides’ arguments and, at the end, proposes his own opinion in accordance with the dynamic
interpretation.
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Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny 66, 2004, z. 4, s. 81-96.