The institution of a military offence in light of the regulations of Polish criminal-military codifications of the 20th century – a historical and legal analysis Cover Image

Instytucja przestępstwa wojskowego w świetle uregulowań polskich kodyfikacji karno-wojskowych XX wieku – analiza historyczno-prawna
The institution of a military offence in light of the regulations of Polish criminal-military codifications of the 20th century – a historical and legal analysis

Author(s): Agata Ziółkowska
Subject(s): Criminal Law
Published by: Uniwersytet Adama Mickiewicza
Keywords: crime; common offence; military offence; separate criminal-military codes; soldier;

Summary/Abstract: The article presents how, over the years (both in separate penal-military codes as well as in the military section of the General Penal Code of 1969), legislators decreed the concept of a military offence. These considerations can be viewed as a kind of historical-legal justification for the necessity of introducing a normative definition of a military offence into the criminal law system in a broad sense (e.g., by amending the provisions of the Penal Code of 1997 which is in force). Although the institution of a military offence is not synonymous with the institution of a criminal offence (contemporarily also referred to as a general offence), it does not stem directly from the provisions of the Code, but only from the interpretation made on this level, which was subjected to criticism.

  • Issue Year: 76/2024
  • Issue No: 1
  • Page Range: 61-82
  • Page Count: 22
  • Language: Polish
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