O stosunkach między zmodyfikowanym typem czynu zabronionego pod groźbą kary a leżącą u jego podstaw normą sankcjonowaną
ABOUT THE RELATIONS BETWEEN A MODIFIED TYPE OF A FORBIDDEN ACT UNDER THREAT OF PENALTY AND A SANCTIONED STANDARD FORMING THE BASIS FOR IT
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The article concentrates on two basic concepts formulated in the Polish studies in criminal law concerning a relation between a modified type of an act forbidden under threat of penalty and a sanctioned standard forming the basis for it. According to the first one, the basis for a modified type of an act forbidden under threat of penalty is the same sanctioned standard as the one which is the basis for a fundamental type of an act forbidden under threat of penalty. According to the other concept, the basis for a modified type of an act forbidden under threat of penalty is a sanctioned standard different from the one which is the basis for a fundamental type of an act forbidden under threat of penalty. It was noticed in the article that the reasons for the diversification of the above mentioned concepts are the different opinions on the influence of the so-called hallmarks deciding about penalization of human behavior on the negative assessment of men's behavior determining their criminalization. Eventually, after discussing methodological, theoretical and legal arguments, the author is for the second concept.
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