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  1. 1 Wiśniewski M.

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  1. 1 2015

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Granice dopuszczalnej blankietowości w obszarze prawa karnego

100%
Wiśniewski M.
Przegląd Sejmowy
|
2015
|
issue 6(131)
59-69
EN
The article deals with blanket norms and nullum crimen sine lege rule. The fi rst major problem, discussed by the author, were the reasons for enabling the use of a blanket provision in common criminal law. Pursuant to Article 42 (1) of the Constitution of the Republic of Poland, an act is only punished if criminal liability had been established by Parliament (by means of a statute) before the act was committed. Because inconsistent with Constitution are blanket regulations reference in the aggregate to other sources of law. Wherefore, the author critically examines the judgments of the Constitutional Tribunal. Furthermore, in the literature of the subject accepted is that blanket provision refer to uncodifi ed sources of law. In this matter the author took a different position, because an act is only punishable if offender broke the promulgated law. This interpretation is supported by the nullum crimen sine lege rule.
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