Odpowiedzialność wykroczeniowa duchownego za zorganizowanie w ramach działalności kościoła lub związku wyznaniowego zgromadzenia w sposób niezgodny z rygorami sanitarnymi narzuconymi przez państwo
Liability of a Clergyman for the Offence of Organizing an Assembly within the Framework of the Activity of a Church or Religious Association in a Manner Inconsistent with the Sanitary Rules Imposed by the State

Summary/Abstract: The subject of the study is to consider the issue of a clergyman’s liability for the offence of organizing an assembly within the framework of the activity of a church or religious association in a manner inconsistent with the sanitary rules imposed by the state. For this purpose, the author, based on the dogmatic-legal method, analyzes the normative solutions issued during the state of the epidemic and evaluates their constitutionality, and then submits to consideration the possibility of applying Article 54 and Article 116 § 1a of the Code of Administrative Offences. The analyses carried out led to the conclusion that the legislator created laws in the early stages of the epidemic in a far from perfect manner, including the arrogation of powers. Thus, it is limited – but not impossible – to draw liability for an offence to the extent analyzed.

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