Ochrona dobra prawnego jako warunek karalności abstrakcyjnego narażenia na niebezpieczeństwo
Protection of the legal interest as the condition for the criminalization of the abstract exposure to danger – an axiological perspective

Summary/Abstract: The starting point of this article is a question whether it is acceptable to criminalize the behavior that constitutes the early phase of the perpetration of the prohibited act if the argumentation for such a statement omits the issue of protection of the legal interest. The author presents the views considering the character of the offense of abstract exposure to danger in criminal law. In the next step, the statements concerning the protection of the legal interests as a condition for criminalization are discussed. The author accepts the idea that the Constitution of the Republic of Poland is an adequate instrument allowing for the interpretation of legal norms introducing the criminalization of offenses of abstract exposure to danger. This means that the co-application of the constitutional norms limits the freedom of applicability of the offenses of abstract exposure to danger.

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