The Concept of a Close Person and Cohabitation in Criminal Law sensu largo: A Substantive and Procedural Analysis Cover Image

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The Concept of a Close Person and Cohabitation in Criminal Law sensu largo: A Substantive and Procedural Analysis

Author(s): Patryk Theuss
Subject(s): History of Law, Criminal Law, Comparative Law
Published by: Wydawnictwo Uniwersytetu Kazimierza Wielkiego
Keywords: substantive criminal law; criminal proceedings; next of kin; partnership; cohabitation;

Summary/Abstract: The protection of the rights of the next of kin, in the sense of criminal law in the largo sense, is one of the basic rights under both domestic and European legislation. As a result, the author paid special attention to one of the categories of persons who fall within the concept of next of kin, i.e. persons in cohabitation. The presented work analyzes the interpretation of the term "cohabitation" both from the perspective of substantive and procedural criminal law, taking into account dogma and jurisprudence. The presented article is an expression of the interpretative changes of the concept of "remaining in common cohabitation" over the past decades with a simultaneous signal expressed by de lege ferenda proposals for legislative changes aimed at introducing a legal definition of the discussed legal phrase occurring in criminal law sensu largo.

  • Issue Year: 2/2025
  • Issue No: 1
  • Page Range: 13-24
  • Page Count: 12
  • Language: Polish
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