SPOŁECZNE NIEBEZPIECZEŃSTWO JAKO CECHA FAKTYCZNA KARALNEGO PRZYWŁASZCZENIA AUTORSTWA LUB KARALNEGO WPROWADZENIA W BŁĄD CO DO AUTORSTWA
THE SOCIAL DANGER AS A FACTUAL ATTRIBUTE OF USURPING OF AUTHORSHIP OR MISLEADING AS TO THE AUTHORSHIP CRIME

Summary/Abstract: The social danger constitutes the factual attribute of each crime stipulated and defined by the polish substantive crime law’s legislator. Hereby is also provided protection of those social welfares, which are recognised as a important in the context of individual affair as well as a transcends individuals affair (nullum crimen sine periculo sociali in terms of lawmaking). Therefore this analysis raises the issue of social welfare definition, which can be pointed as a main source of axiological and teleological justification for criminalization of the kind of human’s behaviour specified in the penal law as: usurping of authorship or misleading others as to the authorship (art. 115 ust. 1 of act of 4 February 1994 on copyright and related rights). This refers to the definition of personal interests named the authorship and its significance in social-economic relations between individuals (author), as well as in relations inside and outside of groups, to whom individual belongs, and finally – for polish society. Presented analysis is including also conclusions emphasising differences between meanings and importance of authorship on the one hand only for individuals and on the other – for interested group. Presented is also the issue of the penalisation scope, i.e. the issue concerning the danger of penal punishment. Moreover is shown the issue of criminal proceeding initiation.

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