PL EN


2007 | 2(172) | 101-122
Article title

THE STATE OF NECESSITY AS AN EXCLUSION OF THE CRIMINAL ILLEGALITY

Authors
Title variants
Languages of publication
PL
Abstracts
EN
The state of necessity was expressed as an exclusion of the criminal illegality (art. 26 § 1) or an exclusion of the guilt (art 26 § 2) in the Polish Criminal Code from 1997. This differentiation of the state of necessity is based on a different value proportion between rescued and sacrificed goods. The state of necessity excludes the criminal illegality in the situation when someone rescues goods which are more valuable than sacrificed goods. This situation is socially viable so it should be legal. The author analyses conditions of the state of necessity as an exclusion of the criminal illegality. In particular, he makes analysis of the direct danger condition and the problems with determination of value proportion between rescued and sacrificed goods.
Year
Issue
Pages
101-122
Physical description
Document type
ARTICLE
Contributors
author
  • P. Daniluk, Warszawa (for postal address, contact the journal editor)
References
Document Type
Publication order reference
Identifiers
CEJSH db identifier
07PLAAAA02875857
YADDA identifier
bwmeta1.element.7191ebf0-8f7e-3967-863e-e376f816d715
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