THE STATE OF NECESSITY AS AN EXCLUSION OF THE CRIMINAL ILLEGALITY

• Authors: Daniluk P.
• 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.

Keywords

EN

EXCLUSION OF CRIMINAL ILLEGALITY; STATE OF NECESSITY

Discipline

• LAW_&_ADMINISTRATION: LAW & ADMINISTRATION

• Publisher: Instytut Nauk Prawnych PAN / Institute of Legal Studies PAN
• Journal: Studia Prawnicze
• Year: 2007
• Issue: 2(172)
• Pages: 101-122
• Document type: ARTICLE

Contributors

author

Daniluk P.

• P. Daniluk, Warszawa (for postal address, contact the journal editor)

Identifiers

CEJSH db identifier

07PLAAAA02875857