PRZEDMIOT OCHRONY WYKROCZENIA SPOWODOWANIA ZAGROŻENIA BEZPIECZEŃSTWA W RUCHU DROGOWYM (ART. 86 KODEKSU WYKROCZEŃ)
THE OBJECT OF PROTECTION OF THE MISDEMEANOR OF CAUSING A THREAT TO TRAFFIC SAFETY (ARTICLE 86 OF THE MISDEMEANOR CODE)

Summary/Abstract: The aim of the article is to determine the object of protection for the off ense of causing a safety hazard in road traffi c (Article 86 of the Misdemeanor Code), in terms of the divisions of the analyzed issue adopted in the legal doctrine, and then to determine the nature of the legal good protected by the rules of Article 86 § 1 and § 1a of the Misdemeanor Code. The research hypothesis is that the individual object of protection of the off ence in both its types (simple and aggravated) is determined considering the social (public) nature of the protected legal good, i.e. road traffi c safety taking place on the roads and places indicated in the law norm. Other worths, strictly belonging to the individual, i.e. human health or property, determine - notwithstanding the foregoing - an additional individual object of protection of the off ense only in its aggravated type (Article 86 § 1a of the Misdemeanor Code). Using the legal-dogmatic method, the object of protection was defi ned through the prism of the legal good aff ected by the perpetrator violating the criminal law norm, and the object of protection was located in the structure of the misdemeanor. The general object of protection of misdemeanor off enses was discussed. Referring to the systematization of types of off enses according to the object of protection and the statutory characteristics of off enses specifi ed in Articles 86 § 1 and § 1a of the Misdemeanor Code their mutual generic and individual objects of protection have been defi ned. The interpretation of aggravating factors (Article 86 § 1a) made it possible to distinguish further individual objects of protection, specifi c, however, only to the aggravated type while also enabling a positive verifi cation of the research hypothesis formulated at the beginning.

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