Przestępstwa dokonywane przy pomocy kasy samoobsługowej - kwalifikacja prawna czynu
Offences committed by means of a self-service cash register - legal qualification of the act

Summary/Abstract: Technological development has led to the introduction of self-service cash registers in shops, with the help of which perpetrators carry out offences usually involving scanning the bar code of a cheaper product instead of the code of the goods actually purchased by the perpetrator. Consequently, two lines of jurisprudence have emerged for the legal qualification of this act. In this article, selected case law qualifying these acts as fraud (Article 286 of the Penal Code) or as theft (Article 119 of the Penal Code and Article 279 of the Penal Code) is analysed and confronted with the position of doctrine and case law to date. Thus, the problems and contradictions involving the legal qualification of the act as fraud due to the lack of a human factor that could be misled and lead to the disposition of the thing were demonstrated. It seems appropriate to qualify this type of act as theft.

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