Pozakodeksowe prawo karne w systemie prawa karnego
Extra-codex criminal law in the criminal law system

Summary/Abstract: The purpose of this study is a dogmatic analysis of the basic issues arising in the area of criminal law outside the Criminal Code. The notion of extra-codex criminal law should be understood not only as those provisions which have been included in acts other than the Criminal Code and which typify acts prohibited under the threat of criminal sanctions, but also all provisions of a criminal law nature occurring outside the Criminal Code. It can be roughly estimated that the number of those provisions is currently about half a thousand, which is higher than the number of the Code’s provisions. The current state of the criminal law regulations with a quantitatively predominant extra-codex fragment justifies looking for an answer to the question: is the extra-codex criminal law in line with the nullum crimen sine lege certa principle? The adoption of a model in which the system of criminal law, in addition to the Criminal Code, is also composed of extra-codex criminal law provisions does not in itself constitute an infringement of this principle. The multiplicity and quality of sources of extra-codex criminal law may pose a threat to the legal security of citizens, as it is often difficult for the addressees to identify a standard sanctioned in the current legal reality.

• Details
• Contents