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Analiza porównawcza zgody wyłączającej odpowiedzialność karną w prawie europejskim

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Młynarczyk-Puławska K.
Studia Europejskie-Studies in European Affairs
|
2017
|
issue 3
163-179
EN
The article discusses the problem consent of the victim as a circumstance which excludes criminal responsibility of the perpetrator. The starting point for consideration is the Latin sentences “wishing is not going to get hurt.” This is the dilemma so called crimes without victims. Article affects a difficult phenomenon in the law which is morality. Although, in principle, should not be combined morality with the law, however, in many cases morality will determine the criminal liability of the perpetrator. Such cases we observe not only the Polish legislation, but also other European countries. The first part of the article presents the problem of consent under the Polish penal law, and in the rest of this problems is juxtaposed with the model of the German and Anglo-Saxon. This trial shows that there are discrepancies between theory proponents of liberalism legal and reality judgments.
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