Wykroczenie skłaniania do żebractwa (art. 104 k.w.)
The offense of inciting to beg (Art. 104 of the offense code)

Summary/Abstract: The subject of the research analysis are the features characterizing the offense of inciting to beg, defined in Art. 104 of the Offence Code. It has a formal character and is in part common, in part individual. It can be assumed — based partly, on views expressed in doctrine — that begging included in the Offense Code means insistently asking for material support which allows to characterize the person who requests it as a beggar — apart from actions such as, i.a., a collection-fundraiser for a socially useful purpose (including suitably, moral etc.) — which does not violate the dignity and welfare of the collector — or mutual benefit (excluding sham benefits), which also should not infringe the dignity and welfare of the participants. The victim of the act can be a helpless minor, dependent on the perpetrator and remaining under their guardianship. The author expresses a de lege ferenda postulate regarding the wording of the provision and excluding from its scope “a person remaining under the perpetrator’s guardianship.”

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