POMOC DO ZBYCIA RZECZY JAKO ZNAMIĘ PRZESTĘPSTWA PASERSTWA
AID IN DISPOSING OF THINGS AS AN ATTRIBUTE OF AN OFFENCE OF DEALING IN STOLEN THINGS
Author(s): Jarosław WyrembakSubject(s): Law, Constitution, Jurisprudence
Published by: Wydawnictwa Uniwersytetu Warszawskiego
Keywords: prawo karne; paserstwo; przestępstwo
Summary/Abstract: The present paper concerns the way of understanding the attributes of the offence of dealing in stolen things. It focuses, in particular, on the expression of “aids in its disposal” used by the legislator in order to describe the nature of the offence of dealing in stolen things. The practice of law application revealed the problem raised in question: whether the above mentioned expression may also cover the act of intermediation in handing over a ransom to a theft perpetrator paid by the owner of a thing with an aim of its recovery. This question became the subject of many statements of the Supreme Court – under the 1997 Polish Criminal Code as well as in the previous legal order. The author analyses statements of the Supreme Court referred to the discussed question, declared in a number of judgements. Taking a critical position, he expresses a lot of critical remarks.
Journal: Studia Iuridica
- Issue Year: 2006
- Issue No: 46
- Page Range: 301-312
- Page Count: 12
- Language: Polish