The Passive Subject of the Crime as an Element of the Structure of the Crime Cover Image

Podmiot bierny jako element struktury przestępstwa
The Passive Subject of the Crime as an Element of the Structure of the Crime

Author(s): Marek Smarzewski
Subject(s): Law, Constitution, Jurisprudence
Published by: Towarzystwo Naukowe KUL & Katolicki Uniwersytet Lubelski Jana Pawła II
Keywords: perpetrator; victim; passive subject of a crime; active subject of a crime; crime; subject matter of an executory act; structure of a crime; aggrieved party; ofiara; podmiot bierny przestępstwa; podmiot czynny przestępstwa; przestępstwo

Summary/Abstract: The article presents considerations on the victim understood as the passive subject of the crime. According to this conception by the passive subject of a crime is private or legal person or institution is meant whose legal interests were directly violated or threatened by the crime. Therefore the author indicates the place of the victim in the structure of crime as its subjective element. The article also contains the distinctions between the concept of the passive subject of the crime and the concepts of: victim within its meaning in victimology, injured person and subject matter of the executory act. The author shows also at the values and benefits, not only theoretical but also and perhaps even primarly practical, related to the introduction of the concept of the passive subject of the crime to the Polish criminal law.

  • Issue Year: 20/2010
  • Issue No: 2
  • Page Range: 117-134
  • Page Count: 18
  • Language: Polish
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