PRZESTĘPSTWO KRADZIEŻY SZCZEGÓLNIE ZUCHWAŁEJ W KODEKSIE KARNYM Z 1997 R.
THE OFFENSE OF PARTICULARLY AUDACIOUS THEFT IN THE PENAL CODE OF 1997

Summary/Abstract: The article is devoted to the specialized type of crime of theft that is particularly audacious theft, typified in Art. 278a of the Penal Code. The Penal Code of 1997 in its original version did not provide for this type of theft. It was added by way of an amendment to this act in June 2020. The crime was newly introduced to the Penal Code, but not a new one in the Polish criminal law system. It also appeared in the Penal Code of 1969. The considerations will center around the rationalization of the return to this typification. The main part of the article will be devoted to the dogmatic analysis of the features of the crime of particularly audacious theft in the current legal environment. It will be used to assess the quality of this typification. In her deliberations, the author will also consider the historical perspective, comparing the current approach to particularly audacious theft with that adopted in Art. 208 of the Polish Penal Code of 1969, as well as the systemic perspective related theft becoming a wobbler.

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