Kilka uwag na temat klauzuli niepodlegania karze z art. 259 k.k.
Several comments on the clause of exemption from penalty under article 259 of the Penal Code

Summary/Abstract: Breaking of the internal unity of organized criminal groups constitutes the principal condition for effectiveness of judicature bodies in fighting the phenomenon of organized crime. The difficulties concerning these activities arise from the great solidarity and mutual loyalty bond among the offenders. In view of the situation it is crucial for certain legal mechanisms to function efficiently in order to enable the breaking of the chain of criminal solidarity by encouraging the members of organized groups or criminal bonds to withdraw from their participation and disclose the circumstances of committed prohibited acts before the law enforcement authorities. The legislator, aware of the degree of threat for the public security brought by the organized crime, provides for the statutory incentive for abandoning the path of criminal lawlessness by the members of criminal groups, including the said clause of exemption from penalty under article 259 of the Penal Code. Obviously, this paper does not aspire to be regarded as complete study of the issue of exemption from penalty under the article specified herein, thus all presented comments shall concentrate in principal on three main problems which are as follows: (1) the issue of establishing the statutory condition subject to the structure of the legal norm provided for in the said provision, (2) attempts to establish the nature of the act in question in view of the feature of “disclosed all relevant circumstances”, finally (3) interpretation of the condition of “voluntariness” in withdrawal from participation in the organized group or bond.

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