About the need for rational criminalization of  “preparation” in criminal law Cover Image

O potrzebie racjonalnej kryminalizacji „przygotowania” w prawie karnym
About the need for rational criminalization of “preparation” in criminal law

Author(s): Marta Werbel-Cieślak
Subject(s): Criminal Law
Published by: Wydawnictwo Uniwersytetu Warmińsko-Mazurskiego w Olsztynie
Keywords: criminal law; criminalization; preparation to commit a crime; an attempt to commit a crime; stages of a prohibited act;

Summary/Abstract: The subject and purpose of this study are to draw attention to the legal aspects of criminalizing the preparation of the perpetrator to commit a crime. The current shape of the regulations and the line of jurisprudence is insufficient in the above-mentioned scope, therefore considerations regarding the relationships between the level of the criminal threat of a given type of prohibited act and the regulations that do not provide for such liability require attention. The presented conclusions will be formulated based on an analysis of the current legal regulations applicable in the above-mentioned scope. In the conclusion of the considerations, de lege ferenda conclusions were also formulated, attempting to answer the question about the scope of penalization of preparation to commit a prohibited act in criminal law.

  • Issue Year: 2023
  • Issue No: 60
  • Page Range: 367-380
  • Page Count: 14
  • Language: Polish