Granice dopuszczalnej blankietowości w obszarze prawa karnego
The Limits of the Blanket Reference in Criminal Law

Summary/Abstract: The article deals with blanket norms and nullum crimen sine lege rule. The first major problem, discussedby the author, were the reasons for enabling the use of a blanket provision in common criminal law. Pursuantto Article 42 (1) of the Constitution of the Republic of Poland, an act is only punished if criminalliability had been established by Parliament (by means of a statute) before the act was committed. Becauseinconsistent with Constitution are blanket regulations reference in the aggregate to other sourcesof law. Wherefore, the author critically examines the judgments of the Constitutional Tribunal. Furthermore,in the literature of the subject accepted is that blanket provision refer to uncodifi ed sources of law.In this matter the author took a different position, because an act is only punishable if offender broke thepromulgated law. This interpretation is supported by the nullum crimen sine lege rule.

• Details
• Contents