Kalinowski, Jerzy2017-01-022017-01-021985Ruch Prawniczy, Ekonomiczny i Socjologiczny 47, 1985, z. 1, s. 149-1640035-9629http://hdl.handle.net/10593/17056Problems of the object of penal law protection have a great impact both in theory and in practice, especially in the scope of finding the so-called "similarity" of a crime. Defining both generic and a direct object of protection in an offence of torment and cruelty (art. 184 P. C.) is not raising substantial difficulties. The art. 184 is included in chapter XXV of P. C. and therefore it is commonly advocated in the literature and judicial decisions that "family", "guardianship" and "youth" enlisted in the chapter's title consist a generic object of protection of a norm expressed in art. 184 P. C. Those definitions cannot be correct as too narrow from a logical point of view- especially if one considers the fact that interests of other categories of persons from outside a family and not being minors can become an object of a lawless attempt described in art. 184 P. C. i.e. persons dependent from perpetrator or the helpless not protected by duties of guardianship. It can be thus stated that a correct functioning of family and guardianship and a proper development end education of youth are the object of protection of norms expressed in chapter XXV of P.C. Considering the fact that a protection of family, guardiaship and youth is the most important but not the exclusive task of art. 184 P.C., the definition of direct object of protection should not be also limited to interests listed in the title of chapter XXV of P.C. Consequently, the following definition can be proposed on the grounds of the postulate of W. Swida: "A due treatment of those categories of people who on account of their objective properties (family relations dependence relations) or their subjective features (minority, helplessness are particularly exposed to improper behavior which can take a shape of torment or cruelty from the side of others, is a direct (main) object of protection of a norm expressed in art. 184 P. C. A question of protection is closely related to an issue of similarity of offences in their subjective aspect. The study of crime of torment and cruelty can induce the opinion that similarity of offence of art. 184 P. C. to other crimes of chapter XXV of P. C. and to the crimes described in other parts of the Act (wit,h the exception of crime of persecuting a subordinate art. 319 P. C.) can not be prejudged in abstracto; the question can be settled only on the grounds of actual facts of a case by means of establishing the identity or similarity of generic interests being a main or additional object of protection. In case of the offence of art. 184 par. 2 P. C, life and man's health being always the additional object of protection, it has to be similar to all offences directed against life or health as a main or additional object of attempt.polinfo:eu-repo/semantics/openAccessArtykuł