Open AccessO przedmiocie ochrony prawnej przestępstwa paserstwa umyślnego
Author(s) -
Marta Zwierz
Publication year - 2020
Publication title -
problemy prawa karnego
Language(s) - English
Resource type - Journals
eISSN - 2353-9712
pISSN - 0208-5577
DOI - 10.31261/ppk.2020.04.02
Subject(s) - supreme court , law , criminal code , political science , criminal procedure , subject (documents) , position (finance) , criminal law , sociology , business , computer science , finance , library science
This paper addresses the problem of classifying the criminal offence of handling stolen goods under the Polish Criminal Code of 1997. Referring to two separate and contradictory views about the crime, the study looks at both of them and attempts to define the subject of legal protection of that criminal offence in the Polish legal system. To this end, the paper also discusses a judgment of 26 June 2014 of the Polish Supreme Court (I KZP 8/14), in which the Supreme Court could not conclusively resolve the issue, creating even more doubts. The author questions the position of the Polish Supreme Court, arguing that it is not supported by either logical or legal arguments which would stem from the long-standing legal tradition. The author further argues that all problems arising from the determination of the good legally protected by the criminal offence as defined in Article 291(1) of the Polish Criminal Code result from the erroneous classification of criminal offences by the Polish lawmaker.