Zasady ochrony własności w prawie karnym. O (nie) zasadności różnicowania ochrony własności prywatnej i państwowej w kodeksie karnym na płaszczyźnie typizacji
Property Protection Rules in Criminal Law. On (Il)legitimacy of Differentiating the Protection of Private and State Property in the Criminal Code at the Level of Description of Prohibited Acts

Summary/Abstract: status, character, and functions of private, municipal and state property.Grounded on the principle of a social market economy based on private property, study provides an analysis of the social, economic and constitutional function of this form of ownership. In the next step article presents the status of communal property, its constitutional functions, and relations to private and stateproperty. The study also contains the justification for the thesis on the functional approach to state property which, as a type of property, is not constitutional in its nature. In light of the analysis of the methods of infringementon the property and their social consequences, the author presents the justification of the thesis on the equal protection of all types of property in criminallaw. He points out the arguments supporting the thesis that in the legal systembased on the concept of social market economy there is no justification for differentiating the methods and forms of criminal law protection of propertydepending on the entity to which ownership is vested. From the perspectiveof the principle of legal protection, there are currently no grounds for differentiating criminal law protection of state or social property. The social functions of property are associated with every constitutional type of this right,which further justifies the thesis that property should be protected in an equalmanner. Possible differentiation of the scope of responsibility for various attacks on property should be based on the assessment of the degree of socialharmfulness of the act in relation to the circumstances of the evaluated case.The current criminal law protection of property guarantees adequate protectionof this right in relation to all its varieties, as well as enables individualizationand differentiation of the scope of criminal liability for attacks on the propertydepending on the features of a particular case.

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