Podstawa prawna odmowy wszczęcia (umorzenia) postępowania karnego w sytuacji wystąpienia pozaustawowego kontratypu
Legal base for refusal to initiate (redemption) of the criminal proceedings in the case of outside statutory of the factors excluding criminal respon

Summary/Abstract: An outside statutory of the factors excluding criminal responsibility are a theoretical construct which is more and more criticized in the science of law. One of the problem is a practical question of determining the legal base for refusing to initiate (redemption) of criminal proceedings. Author of this article proposes an algorithm to deal with in case when circumstance appears and is qualified as the outside statutory of the factors excluding criminal responsibility. Firstly, we make sure whether the circumstance is actually the outside statutory of the factors excluding criminal responsibility, not some other circumstance exempting criminal liability. Secondly, if despite of such a verification, the circumstance in our opinion still bears the features the outside statutory of the factors excluding criminal responsibility, it is appropriate to use art. 17 § 1 point 11 the Code of Criminal Procedure.

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