Internet jako miejsce publiczne w rozumieniu prawa wykroczeń
Internet as public place in the sense of the misdemeanors law

Summary/Abstract: The Internet, despite what it seems in the jurisdiction and doctrine, is not a public place. However, it is possible to commit an act 'publicly' there, if an access to the site is not limited. The Internet is not a 'place' in the sense of the criminal law, because one cannot act or refrain from action 'in it' (one can just use it), just as the result cannot appear in it (e. g. as a scandal). The previous problem was an analysis if 'a space where radio waves are propagating' is a 'public space'. Similarly, to them the Internet reaches to both public and private places and the servers are located in the private places. It makes it necessary to change the penal law by adding – as an alternative or conjunctive – 'public' act's significance, or adding (as an explanation to the statutory concept or in the adequate specific provisions) significance of the acting 'with the use of the Internet'.).

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