Definicja zagrożenia epidemiologicznego i pojemność normatywna znamienia „powodowanie zagrożenia epidemiologicznego” w występku z art. 165 § 1 pkt 1 Kodeksu karnego
Definition of “epidemiological threat” and normative capacity of the signifier “causing epidemiological threat” in the offence under Article 165 § 1(1) of the Criminal Code

Summary/Abstract: Infectious diseases have been a real threat to human life and health for centuries. They can spread spontaneously and through man as a transmitter of biological pathogens. There are also situations in which a human being, acting with at least the potential intent, contributes to the spread of infectious diseases. The legislature had to respond to these situations by creating appropriate types of criminal acts. Among them is the misdemeanour of bringing danger to many people’s life or health or property of great magnitude by causing an epidemiological threat or the spread of an infectious disease or an animal or plant pest. This offence singles out the vague signifier of “causing an epidemiological threat”, which the legislator distinguishes from “spreading an infectious disease” or “animal or plant pestilence”. This article is of a scientific and research nature, and its purpose is to define the object framework of the signifier “causing an epidemiological threat” as well as to reconstruct its definition. These considerations are primarily of the theoretical value. The proposed definition of the titular signifier may also be useful on the grounds of the practice of law application in the process of interpreting the elements of the type of criminal act styled in Article 165 § 1(1) of the Criminal Code. The studied theme has not yet been taken up in the doctrine of criminal law in this approach and may raise interpretative doubts based on the interpretation of Article 165 § 1(1) of the Criminal Code in terms of the realization of the subjective character of this type of criminal activity.

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