Around the issue of apparent (omit) coincidence an legal regulations of crime and offence Cover Image

Pozorny (pomijalny) zbieg przepisów przestępstwa i wykroczenia
Around the issue of apparent (omit) coincidence an legal regulations of crime and offence

Author(s): Adam Wróbel
Subject(s): Law, Constitution, Jurisprudence
Published by: Wydawnictwo Naukowe Uniwersytetu Szczecińskiego
Keywords: apparent coincidence in legal regulations; omit coincidence in legal regulations; crime; offence

Summary/Abstract: The main issue of the article is concentrated on the analysis – on the basis of a examples, legal regulations, doctrinal and juridical achievement – of the matter of apparent coincidence in legal regulations of crime and offence; the author try to determine and to solve essential problems from a point of view of legal practice, which problems are connected with this issue. In the domain of apparent coincidence in legal regulations of crime and offence, applying two principles: a) principle of consumption, in which all the crime features absorbing all offence features, b) principle of half acts, in which the features of crime and offence are mostly identical, but the division between them determine additional criterion. When the coincidence in legal regulations of crime and offence is define correctly, than it have influence for correct and concise act interpretation. Finally, the author assumed, that it should be kept the legal conditions (in fact, currently in the form of legal omission) in the area of apparent coincidence in legal regulations of crime and offence.

  • Issue Year: 2014
  • Issue No: 05 (1)
  • Page Range: 155-168
  • Page Count: 14
  • Language: Polish