Zamiar „z góry powzięty” w rozumieniu art. 12 k.k. – wybrane uwagi
A Few Notes on the Premeditated Intent within the Meaning of Article 12 of the Polish Criminal Code
Author(s): Anna Jaworska-WielochSubject(s): Criminal Law
Published by: Wydawnictwo Uniwersytetu Śląskiego
Keywords: continuous offence; Article 12 of Polish Criminal Code; premeditated intent; single and multiple acts
Summary/Abstract: The concept of the so-called “continuous offence” has been hotly debated for years, both by legal academics and in doctrinal writings. This paper addresses one of the most controversial grounds for regarding a prohibited act as a continuous offence, i.e. acting with premeditated intent. Basing a key criterion for considering an act a continuous offence on the subjective side of the offence has made it impossible to work out clear-cut criteria for establishing that an offender acted with premeditated intent, even though the concept of continuous offence has been employed for over twenty years now.
Journal: Problemy Prawa Karnego
- Issue Year: 30/2020
- Issue No: 4
- Page Range: 111-125
- Page Count: 15
- Language: Polish