Article 153 § 1 of the Criminal Code as a key provision to interpret the sanctioned norms contained therein Cover Image

Artykuł 153 § 1 k.k. jako przepis kluczowy do wyinterpretowania zawartych w nim norm sankcjonowanych
Article 153 § 1 of the Criminal Code as a key provision to interpret the sanctioned norms contained therein

Author(s): Łukasz Buczek
Subject(s): Civil Law
Published by: Stowarzyszenie Mage.pl
Keywords: interpretation of law; sanctioned norm; crime of termination of pregnancy without the consent of a woman

Summary/Abstract: This elaboration is not a typical scientific article that is presented in legal sciences. It is an attempt of a research approach to the normative content of Article 153 § 1 of the Criminal Code, according to the assumptions of the so-called Poznan-Szczecin school of legal theory. Based on the methodological assumptions presented in the first part of the elaboration, taking into account in particular the five-element structure of the sanctioned norm, and the condensation technique in legal provisions, the author presents, in the second part of the elaboration, as many as 84 norm shaping expressions aspiring to be called legal norms - all interpreted from the article 153 § 1 of the Criminal Code. The submitted considerations are, therefore, based on warranty reasons, aspiration to full clarity in the legal system of what is and what is not prohibited, hitherto unprecedented in this form in the doctrine of criminal law.

  • Issue Year: 18/2019
  • Issue No: 2
  • Page Range: 6-21
  • Page Count: 16
  • Language: Polish