Intentional crime against life, health or liberty as the basis for disinheritance (Art. 1008 point 2 of the Civil Code) Cover Image

Umyślne przestępstwo przeciwko życiu, zdrowiu lub wolności jako podstawa wydziedziczenia (art. 1008 pkt 2 k.c.)
Intentional crime against life, health or liberty as the basis for disinheritance (Art. 1008 point 2 of the Civil Code)

Author(s): Adam Wróbel
Subject(s): Law, Constitution, Jurisprudence, Criminal Law, Sociology of Law
Published by: Wydawnictwo Uniwersytetu Wrocławskiego
Keywords: disinheritance; an intentional crime against the life; health or freedom of the testator or the testator’s closest person

Summary/Abstract: The study deals with the issue of extraordinary tightening of the punishment of a perpetrator committing an offense under the conditions of a continuous act. It focuses on a few issues. First, it attempts to assess the criminal law consequences of the provision of Art. 57b of the Penal Code. It shows two sides of this standardization. On the one hand, it draws attention to the shortcomings and even absurdities of this regulation, which may appear in the practice of the functioning of this provision. On the other hand, it indicates its advantages, appreciating the significant function of this provision in terms of the possibility of shaping a rational penalty. Secondly, it alludes to temporal issues related to the construction of a continuous act. The author recounts the outline of a legal dispute concerning the time of committing a continuous offense, which is also present in the jurisprudence. Attention is then drawn to a certain relativism accompanying the assessment of this issue. At the same time, examples that illustrate how the effects of law in practice may be different if one of the interpretative options in circulation is adopted are listed. Thirdly, the author points out the issue of the consequences of the entry into force of the provisions of Art. 57b of the Penal Code in the context of the so-called collisions of acts in time within the meaning of Art. 4 § 1 of the Penal Code, which gives rise to the need to choose a law for the perpetrator of a prohibited act.

  • Issue Year: 130/2022
  • Issue No: 1
  • Page Range: 109-125
  • Page Count: 17
  • Language: Polish