Trudności na płaszczyźnie aplikacji przepisów dotyczących granic obrony koniecznej w kontekście prawa do posiadania broni
Difficulties in the application of provisions on the limits of self-defense in the context of the right to bear arms

Summary/Abstract: On December 28, 2017, the President of the Republic of Poland, Andrzej Duda, signed the Act of December 8, 2017 amending the Polish Penal Code. (hereinafter referred to as “k.k.”) through the addition of the § 2a to the pre-existing Article 25 of k.k. As amended, it came into force on January 19, 2018 and took on a new wording. In the context of the current legal situation, the author discusses the subject of exceeding the limits of necessary defense with the use of a weapon. The following issues are raised: shifting the emphasis from subjective to objective, mutual references between § 2a and § 3 of Article 25 of k.k., criminality against the unlawfulness of an act, terminological ambiguity of a “gross” exceeding of limits of necessary defense and the threat of constructing a taxative catalog of possible subjects of an assault. The article is based on the opinions of theoreticians and practitioners of law, as well as the jurisprudence of Polish courts.

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