Społeczna szkodliwość czynu jako klauzula generalna w prawie karnym
Social Harmfulness of an Act as General Remanding Clause in the Criminal Law

Summary/Abstract: Criminal law is the area of law in which general remanding clauses are ‘suspicious’. On theground of criminal law they are used not only to deal with untypical cases, when old law is not valid because of political, social or economic changes. They create space for decisions. Because of the mone can correct law regulations when they are too strict. One of very few of them is ‘social harmfulness of an act’. The term appeared in Polish Criminal Code in 1997. It does not have a legal definition, but is involved into the legal definition of a crime. The Article 115 § 2 PCC consists in objectiveand subjective factors influencing its level. Social harmfulness plays different roles: it is the rule of Polish criminal law, the basis for criminal responsibility (feature of a crime) and the rule of punishment. To evaluate it one must take under one’s consideration many factors, that often plays different role in criminal law (motivation, intent, safety rules). That makes it an universal criminal law tool.

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