Paserstwo jako przestępstwo o charakterze materialnym albo formalnym
Handling stolen goods as an offence of the material or formal character
Author(s): Dariusz MuchaSubject(s): Law, Constitution, Jurisprudence
Published by: Uniwersytet Opolski
Keywords: MATERIAL OFFENCE (ENTAILING CONSEQUENCES); FORMAL OFFENCE (ENTAILING NO CONSEQUENCES); HANDLING STOLEN GOODS AS A MATERIAL OFFENCE; HANDLING STOLEN GOODS AS A FORMAL OFFENCE; COMMITTING THE CRIME OF HANDLING STOLEN GOODS AS A MATERIAL OFFENCE
Summary/Abstract: In the introductory part of the paper, the author makes a brief reference to the understanding of the legal construction of offences classified into the group of material (entailing consequences) offences or into formal (entailing no consequences) ones. Further, the crime of handling stolen goods is discussed as dealt with in the Penal Code on the basis of this very division criterion, that is as a crime of the material character and that of the formal nature. The author also points to the need to support oneself while decoding the given legal norm by means of Art. Art. 291 and 292 of the Penal Code in terms of the characteristics which are alternatively defined there: the given notions are understood on the basis of the definitions elaborated in the Penal Code on the ground of the Civil Code. The above-mentioned discussion was founded on a thorough examination of cases settled by common courts of law and by the Supreme Court, as well as on viewpoints and opinions found in the literature of the subject.
Journal: Opolskie Studia Administracyjno-Prawne
- Issue Year: X/2012
- Issue No: 4
- Page Range: 51-58
- Page Count: 8
- Language: Polish