Wybrane neologizmy i związki frazeologiczne w języku prawniczym prawa karnego
Selected Neologisms and Phraseological Units in the Legal Language of Criminal Law

Summary/Abstract: RESEARCH OBJECTIVE: The article aims to analyze the phenomenon of creating new words and idioms describing existing or emerging institutions related to the principles of criminal liability, the principles of sentencing, and the types of prohibited acts. RESEARCH PROBLEM AND METHODS: Using the method of critical literature review and word-formation analysis, the author seeks to establish the sources of the emerging neologisms and phraseological units describing criminal law institutions. The author examines whether there are uniform rules — consistent with the rules governing the Polish language — for creating this type of words and expressions. The research problem concerns the extent to which criminal-law phraseological units meet the characteristics of idioms. THE PROCESS OF ARGUMENTATION: After the introduction, general issues are explained, such as the concepts of neologism, phraseological unit, and idiom. Then neologisms and phraseological units concerning circumstances excluding criminal liability are presented and discussed (justification, excess, exculpant, immunity, necessary defense, state of necessity, active repentance). In the further part, expressions concerning circumstances related to sentencing are analyzed analogously (absorption, aspiration, amnesty, abolition, continuous act, sequence of offenses, real concurrence of offenses, real and omissible concurrence of provisions). In the final part of the article, the above approach is applied to borrowings as names of particular types of crimes and behaviors that fulfill the elements of certain prohibited acts (stalking, grooming, ghostwriting, gaslighting, stealthing, and racolage). In summary, a proposal is made for a new term for a circumstance excluding punishability. RESEARCH RESULTS: The scientific analysis confirmed the hypotheses put forward. In criminal-law legal language, there is an expansion of foreign-language phrases. Neologisms describing circumstances excluding punishability are created mainly using negation prefixes, also of Latin origin. The etymology of some phraseological units can be established, but some of them may exhibit the characteristics of idioms — e.g. active repentance. CONCLUSIONS, INNOVATIONS, RECOMMENDATIONS: The article addresses an issue not yet elaborated in Polish criminal law scholarship. There is a lack of publications aimed at thoroughly examining the process of creating neologisms and idioms in the field of criminal law and their characteristics. At the same time, the author recommends using the coined term for a circumstance excluding punishability — "ekspenant" (expenant).

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