Kształtowanie się pojęcia przestępstwa w systemie prawa kanoniczne
A formation of concept of crime in the canon law system
Author(s): Łukasz BurchardSubject(s): Christian Theology and Religion, Criminal Law, Canon Law / Church Law, Sociology of Religion, Sociology of Law
Published by: Wyższe Seminarium Duchowne w Łodzi
Keywords: crime; imputability; canon law system; sanction;
Summary/Abstract: A fundamental issue in every system of criminal law is establishing the concept of crime. Law investigations above the nature of ecclesiastical crime appear first in Decretum Gratiani and then in decretals of Pope Innocent III. Ecclesiastical legislator constructs the definition of crime which consists of three basic elements: objective, subjective and legal in the previous code of the 1917 as well as the one that is valid currently of the 1983. The objective element is defined as an external contravention of law or criminal warrant. The subjective one is defined as an accountability of committing an illegal act. Whereas the legal element is expressed in penal sanction relatively undetermined.
Journal: Łódzkie Studia Teologiczne
- Issue Year: 23/2014
- Issue No: 2
- Page Range: 39-65
- Page Count: 27
- Language: Polish