On problems of practical recognition of some characteristics of the offence of violating the privacy of the home defined in Article 193 of the Polish Penal Code Cover Image

O problemach związanych z praktycznym ujęciem niektórych znamion występku naruszenia miru domowego z art. 193 Kodeksu karnego
On problems of practical recognition of some characteristics of the offence of violating the privacy of the home defined in Article 193 of the Polish Penal Code

Author(s): Piotr Mielcarek
Subject(s): Criminal Law, Civil Law, Sociology of Law
Published by: Wydawnictwo Uniwersytetu Warmińsko-Mazurskiego w Olsztynie
Keywords: criminal law; practical problems; inviolability of the home; home security;

Summary/Abstract: The aim of this article is to present selected characteristics of the criminal offence defined in Article 193 of the Polish Penal Code, particularly in terms of showing the problems that their current form may cause in the practice of applying this legal provision. This article presents the views of the doctrine and jurisprudence (case law) on selected elements of the offence referred to in Article 193 of the Polish Penal Code (such as “house”, “breaking in”, “authorized person” and “fenced area”) – compared with specific examples of factual situations in which the meaning of these legal provisions, fixed in the science of criminal law, may raise some doubts, also within the range of avoiding criminal liability of a perpetrator in a situation where such liability should be fully justified.

  • Issue Year: 2023
  • Issue No: 62
  • Page Range: 379-394
  • Page Count: 16
  • Language: Polish
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