Formy stadialne przestępstwa
Stage forms of crime

Author(s): Agnieszka Liszewska
Subject(s): Law, Constitution, Jurisprudence, Criminal Law
Published by: Wydawnictwo Uniwersytetu Łódzkiego
Keywords: preparation; attempt; danger; legal good; criminalization
Summary/Abstract: The presented study contains an analysis of the provisions of the Polish Penal Code regulating liability for the stages of crime on the theoretical, constitutional and normative levels. Theoretical considerations focus on the problem of the relationship of attempt and preparation to commit in connection with emerging views questioning the non-self-existence of the stages of crime. On the theoretical level, there were also considerations devoted to justifying the criminality of stages forms based on the category of danger as a preliminary condition for criminalization. This condition - derived from the constitutional principle of proportionality - means that criminalization is unacceptable in a democratic state ruled by law in the absence of the social harmfulness of the act, which is questioned in relation to an ineffective attempt and attempted crimes resulting from an abstract exposure to danger. The conclusions drawn from the analysis of the theoretical foundations of responsibility for the stages of crime also constituted a point of reference for the normative's analysis on attempts and preparation. The work assumes that since the stages do not exist independently, the illegality of the acts included in them must result from a violation of the same sanctioned norm that we read from the provision typifying the act. The presented study contains a diagnosis of the current legal status, which indicates a very wide scope of liability, not only for violating, but also for exposing to danger of legal good. However, this state of affairs should be changed primarily through legislative action and therefore the study constitutes a voice in the discussion on limiting the scope of liability before committing a prohibited act.

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