The (non) possibility of combining the continuous action of behavior of the same normative basis Cover Image

0|(nie)możności łączenia w czyn ciągły zachowań o tożsamej podstawie normatywnej
The (non) possibility of combining the continuous action of behavior of the same normative basis

Author(s): Mariusz Nawrocki
Subject(s): Law, Constitution, Jurisprudence
Published by: Wydawnictwo Naukowe Uniwersytetu Szczecińskiego
Keywords: continuous action

Summary/Abstract: This article is devoted to the issue of the possibility of combining continuous behavior in the act with the same legal basis and is a response to the draft amendment to Art. 12 of the Criminal Code, developed by the Criminal Law Codification Commission at the Ministry of Justice. The title issue in the present state of the law is controversial and is a contribution to the in-depth analysis of the outlined positions. In the content of the paper presents the assumptions underlying the draft amendment to the Criminal Code and the historical roots of the current solutions contained in Art. 12 of the Criminal Code. The paper presents the views of the representatives of modern science of criminal law on the issues discussed, pointing to the positive and negative aspects of the current legal status and legal status under the Commission’s proposal. Finally, the article made comments on the possibility of constructing a continuous action of the behavior of different legal basis, confronting them with the possibility of constructing a continuous action of the behavior of the same legal norm, indicating that it is the last solution has historical, legal and logical reason.

  • Issue Year: 2014
  • Issue No: 05
  • Page Range: 11-128
  • Page Count: 18
  • Language: Polish