Opinia prawna na temat petycji Sebastiana Adamowicza w sprawie nowelizacji art. 130 § 1 i 147a § 1 Kodeksu wykroczeń
An opinion about Mr. Sebastian Adamowicz’s petition concerning amendments to art. 130 § 1 and 147a § 1 of the Misdemeanours Code

Summary/Abstract: The firstproposed amendment concerns the elimination of Article 120 of the MisdemeanoursCode, what is justified by the fact that the concept of arms, ambition and explosivematerials and devices does not encompass trees and coarse woody debris. The authorjustifies the necessity of that amendment analyzing inadequate regulations includedin the provisions in their current shape. The second suggested amendment concernsa former replacement of the term “Health Maintenance Organisation” with the term“Healthcare Entity”. As a result of his modification it became more difficult to definethe scope of criminalisation of acts under Article 147a of the Misdemeanours Code., i.e.running a healthcare maintenance organisation without required entry into a registeror obligatory registration. The scope of both terms raises considerable doubts. In thepast it was suggested that Article 147a of the Misdemeanours Codem should concerntreatment performed by both doctors and nurses. It is necessary to amend the dis‑cussed provision in order to effectively define the activity which it concerns

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