Medical and penal consequences of hitting with a shovel or spade considered as offensive weapons similarly to firearms and knives under the Penal Code Cover Image

Medical and penal consequences of hitting with a shovel or spade considered as offensive weapons similarly to firearms and knives under the Penal Code
Medical and penal consequences of hitting with a shovel or spade considered as offensive weapons similarly to firearms and knives under the Penal Code

Author(s): Piotr Tomasz Arkuszewski, Karol Kłosiński, Zbigniew Pasieka
Subject(s): Criminal Law, Criminology, Penology, Penal Policy
Published by: Akademia Policji w Szczytnie
Keywords: shovel; spade; bodily injuries; the Penal Code;

Summary/Abstract: While the extant penal code includes the concept of an object as dangerousas a fi rearm or a knife, it does not defi ne such weapons. In practice, the indication of such items is left to the courts. The aim of the study is to assess the medical and legal consequences of using a shovel or spade when attacking a human being with regard to their similarity to a fi rearm or knife. The research material consists of judgements of the criminal divisions of common courts concerning situations where injuries were caused by the use of a shovel or a spade. The fi ndings lead to the conclusion that the medical and legal consequences of using a shovel or spade against humans are wide ranging. Their use against a person poses a real risk of causing serious injury, and these items should be treated as being as potentially dangerous as a fi rearm or knife

  • Issue Year: 149/2023
  • Issue No: 1
  • Page Range: 297-314
  • Page Count: 18
  • Language: English