Objective jurisdiction in the context of crimes and offenses defined in the Aviation Law Act (art. 9 point 1) Cover Image

Właściwość podmiotowa w kontekście przestępstw i wykroczeń zdefiniowanych w ustawie – Prawo lotnicze (art. 9 pkt 1)
Objective jurisdiction in the context of crimes and offenses defined in the Aviation Law Act (art. 9 point 1)

Author(s): Adam Wróbel
Subject(s): Criminal Law, Administrative Law
Published by: Oficyna Wydawnicza AFM Uniwersytetu Andrzeja Frycza Modrzewskiego w Krakowie
Keywords: the Aviation Law Act; crimes and offenses; criminal liability; objective (personal) jurisdiction;

Summary/Abstract: In the article is raised the issue of objective (personal) jurisdiction in the context of crimes and offenses defined in the Aviation Law Act and committed abroad, the framework of which was defined therein in art. 9 point 1. The narration leads through the issues of prohibited acts – that determine the punishability – taking the form of specific crimes and offenses, issues of the object and issues related to the matter of subjective side. The view was expressed, that in the analyzed question, the condition of double criminality specified in art. 111 Criminal Code does generally – in principle – apply (to the crimes, and appropriately by analogy – it seems – to the offenses when it comes to § 1 and 2 of Art. 111 of the Criminal Code), and that legislator fulfill the disposal of art. 3 § 2 of the Offense Code, which specifies that liability for an offense committed abroad occurs only when a special provision provides such liability (to the offenses).

  • Issue Year: 31/2022
  • Issue No: 2
  • Page Range: 43-60
  • Page Count: 18
  • Language: Polish
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