Glosa do wyroku Sądu Okręgowego we Wrocławiu z dnia 16 lutego 2018 r. (III KK 125/17)
Gloss to the Judgement of the District Court in Wrocław of 16 February 2018 (III KK 125/17)
Author(s): Krzysztof WalaSubject(s): Criminal Law, Social differentiation, Studies in violence and power, Court case
Published by: Wydawnictwo Naukowe Uniwersytetu Marii Curie-Sklodowskiej
Keywords: hooligan type of offence; racial discrimination; acting without a reason; acting with a trivial reason;
Summary/Abstract: The current case law regarding the recognition of racially motivated offences as being undertaken without a reason or for an obviously trivial reason can raise serious doubts. It does not seem reasonable to assume the existence of a racial reason of the act of the perpetrator on the one hand, which is necessary for assigning an offence under Article 119 § 1 and Article 257 of the Criminal Code, and on the other hand, to recognise that the reason for the act of the perpetrator did not exist at all. Treating such reasons as trivial may also raise doubts on the juridical level.
Journal: Studia Iuridica Lublinensia
- Issue Year: 28/2019
- Issue No: 4
- Page Range: 187-201
- Page Count: 15
- Language: Polish