Obrona konieczna i jej przesłanki w polskim prawie karnym
Necessary Defense and Its Premises in Polish Criminal Law
Ryszard Mochocki
Author(s): Ryszard MochockiSubject(s): Law, Constitution, Jurisprudence, Criminal Law
Published by: Wydawnictwo Naukowe Uniwersytetu Marii Curie-Sklodowskiej
Keywords: criminal law; counter-type; necessary defense; illegality; crime
Summary/Abstract: One of the elements of the structure of crime is illegality. However, the legislator has provided a certain mechanism to exclude illegality. Article 25 of the Penal Code states the necessary defense as a circumstance excluding the illegality of an act, and a prohibited act committed under this condition of this counter-type becomes legal. Preventing the perpetrator from being held accountable is the subject of consideration in this study.
Journal: Annales Universitatis Mariae Curie-Skłodowska, sectio G – Ius
- Issue Year: 71/2024
- Issue No: 1
- Page Range: 59-73
- Page Count: 15
- Language: Polish