Porzucenie małoletniego poniżej 15 lat lub osoby nieporadnej w świetle przepisów Kodeku karnego
Abandonment of a minor under 15 years of age or a helpless person in the light of the provisions of the Criminal Code
Author(s): Katarzyna MajchrzakSubject(s): Criminal Law, Criminology
Published by: Wydawnictwo Uniwersytetu Warmińsko-Mazurskiego w Olsztynie
Keywords: abandonment; helpless person; right to care; minor;
Summary/Abstract: The crime of abandoning a minor under 15 years of age or a helpless person has been described in the chapter on offenses against family and care. The most important protected good is the family and the institution of care and supervision. Abandonment means the act of leaving the person who is under care, combined with the cessation of caring for him/her without providing the care of other persons. In many cases, the period of time when a minor has been left unattended can determine whether there was abandonment or not. The perpetrator of this crime can only be a person with a duty of care. The source of the obligation may be an act, a court decision or a contract. Most often, the perpetrator will be a parent or legal guardian, but also a person who incidentally undertakes to take care of a child e.g. by taking him/her for a walk or trip. This is an intentional crime prosecuted ex officio.
Journal: Studia Prawnoustrojowe
- Issue Year: 2020
- Issue No: 49
- Page Range: 183-200
- Page Count: 18
- Language: Polish