„Wstręt do pracy” – ewolucja karnoprawnej reakcji na postawę aspołeczną
“Aversion to work” – the evolution of the criminal law response to antisocial behavior

Summary/Abstract: The research aim of the publication is to show the evolution of criminal law measures to respond to the anti-social attitude of not taking up employment and to determine the validity of the legal solutions in force today in this area. The Penal Code of 1932 used the concept of “disgust at work”, for which a special protective measure was provided. Later, the term “social parasitism” appeared in the debate and an act on proceedings against people evading work and specific response measures was passed. Nowadays, this aspect of human behavior is taken into account when imposing a sentence under the circumstances of “way of life before committing a crime”. The work uses a dogmatic method, supplemented by a historical method. The legal research was contextual in nature, complemented with case law, statements of doctrine, and effects of criminological research. The results of the analysis allow us to formulate the conclusion that a parasitic lifestyle and lack of employment are not prohibited acts and should not be considered (non-statutory) aggravating circumstances. Prior to any amendment to the Act (or an appropriate use of non-statutory elements at the stage of application of law), it should be remembered that the principle of proportionality should be understood more narrowly than the classic periculo sociali, mentioned in one of the principles of criminal law.

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