WĄTPLIWOŚĆ CO DO SPOSOBU ROZUMIENIA USTAWY KARNEJ JAKO PODSTAWA JEJ ZASADNICZEJ WYKŁADNI
DOUBT AS TO THE WAY OF PERCEIVING A CRIMINAL ACT AS THE BASIS FOR ITS SUBSTANTIAL INTERPRETATION

Summary/Abstract: The paper concerns the basis of essential interpretation of criminal laws presumed on the basis of article 441 of the Polish Criminal Code. The provision of art. 441 § 1 of this code provides that if, in the course of the examination of appellate measures, a juridical question is disclosed requiring a substantial an essential interpretation of the law, the appellate court may adjourn hearing the case and refer the question to the Supreme Court. The author of the paper demonstrates that the expression “a juridical question” used in the legal provision implies some doubt as to the way of understanding the act. He distinguishes some types of such doubts and considers which of them might be the basis for substantial interpretation made by the Supreme Court.

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