Jurysprudencja 18. Brak zagrożenia dla dobra prawnego a przestępstwa abstrakcyjnego narażenia dóbr prawnych na niebezpieczeństwo
Jurysprudencja 18. Lack of danger to a legal good versus abstract exposure to danger crimes

Author(s): Mateusz Filipczak
Subject(s): Social Sciences, Law, Constitution, Jurisprudence
Published by: Wydawnictwo Uniwersytetu Łódzkiego
Keywords: abstract exposure to danger to legal goods crimes; principle of criminal liability; legal goods; intepretation of law; theory of criminal law; theory of law
Summary/Abstract: The abstract exposure to danger crimes regard to the behaviors, which criminalization is questionable, because they involve conducts that only potentially lead to negative consequences for the legal goods. Therefore, the doctrine of criminal law emphasizes that these crimes are a manifestation of criminalization in the so-called foreground of infringement of the legal goods. However, the relatively simple construction of formal offences raises theoretical doubts as to whether the lack of a danger to the legal good can be considered within the category of abstract formal (conduct) offences. In the monography it provides a positive answer to them, presenting a theoretical model of the foundation of criminal liability for crimes of abstract exposure to danger, for which it is necessary to take into account the axiological and normative context using figures of danger to the legal good and the rules of conduct with the legal good. With regard to the formal offences of abstract exposure to danger to the concrete-individual goods, the causally understood possibility (suitability) of infringement of a legal good is a necessary element of the application of the sanctioning norm, and the verification of which boils down to a restrictive functional (pro-constitutional) interpretation of statutory features of crimes and assessment of the degree of social harmfulness of the fulfilling statutory features. An in-depth analysis using the legal good made it possible to present conclusions on the apportionment of goods into concrete-individual goods, collective goods and an aggregate of concrete-individual goods, which are important not only for the principles of criminal liability for the crimes of abstract exposure to danger, but also contribute to the general analysis of the theoretical foundations of criminal liability.

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