O pojmowaniu i roli możliwości wykonania działania w dogmatycznie ujmowanej strukturze przestępstwa
Possibility of the execution of the action – the notion and the function
Author(s): Łukasz PohlSubject(s): Criminal Law
Published by: Uniwersytet Opolski
Keywords: possibility of the execution of the action; structure of the offense; action; omission
Summary/Abstract: The article concerns the possibility of performing an action in dogmatically grasped the structure of the offense. Seized in the position that the ability to perform actions should be determined based on the pattern bedded corresponding to the characteristics of the entity that action have not done, and not based on a standard passenger corresponding to the characteristics of another party, and also recognized that the ability to perform an action is conditioned by knowledge as to how to proceed in order to perform this action. It is also assumed that the possibility of action is constitutive for the omission, and therefore it is subject to this kind of behavior which is the object of penal law evaluation.
Journal: Opolskie Studia Administracyjno-Prawne
- Issue Year: XIV/2016
- Issue No: 1
- Page Range: 41-46
- Page Count: 6
- Language: Polish