Odstąpienie od rezultatów wykładni językowej w prawie karnym (na kanwie uchwały Sądu Najwyższego z dnia 26 marca 2009 r., I KZP 35/08)
Departure from the results of linguistic interpretation in penal law (on the basis of the resolution of the Supreme Court of 26 March 2009, I KZP 35/08)

Summary/Abstract: The article describes situations in which it is permissible to depart from the results of a linguistic interpretation. L. Morawski enumerated these situations. Then Supreme Court adapted it in penal law. However, it has been accused that acceptance of such proceedings leads to acceptance of the law-making interpretation. The analysis of the these cases leads to the conclusion that departure from the results of the linguistic interpretation in criminal law is generally acceptable, as long as it does not constitute an interpretation that is not favorable for the perpetrator and is based on system and functional interpretation.

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