NCJ Number
60852
Journal
ZEITSCHRIFT FUER DIE GESAMTE STRAFRECHTSWISSENSCHAFT Volume: 28 Issue: 2 Dated: (1978) Pages: 504-519
Date Published
1978
Length
16 pages
Annotation
THE MATERIALIST CONCEPT OF CRIME IN POLISH LAW WHICH JUDGES AN OFFENSE ACCORDING TO ITS DANGER TO SOCIETY IS ANALYZED.
Abstract
THE MATERIALIST CONCEPT OF LAW IN POLAND (AS WELL AS IN RUSSIA) EMPHASIZES THAT ONLY THOSE ILLEGAL ACTIONS THAT CONSTITUTE A DANGER TO SOCIETY MUST BE PROSECUTED. THE MATERIALIST CONCEPT OF DANGER TO SOCIETY PERMITS PUNISHMENT OF OFFENSES EVEN THOUGH THEY ARE NOT COVERED BY ANY PARTICULAR LAW. AT THE SAME TIME, COURTS MAY DROP CHARGES IF THE DANGER TO SOCIETY IS NEGLIGIBLE OR IF AN OFFENSE CONSTITUTES ONLY A FORMAL VIOLATION OF LEGAL PROVISIONS. THE TERM 'DANGER TO SOCIETY,' WHICH CAUSES DISAGREEMENT AMONG POLISH LEGAL EXPERTS, IS DEFINED: CONTRARY TO ITS GENERAL MEANING, 'DANGER' HERE REFERS TO ANY REAL OR POSSIBLE NEGATIVE RESULTS OF AN ACTION, AND THEREFORE, ALSO APPLIES TO PAST OFFENSES (WHICH TO LONGER CONSTITUTE A REAL THREAT) AND TO ATTEMPTED OFFENSES (WHICH DID NOT PRODUCE ANY ACTUAL NEGATIVE RESULTS). THE LEGAL INTERESTS PROTECTED BY THE TERM 'DANGER TO SOCIETY' (E.G., LIFE, HEALTH, INDIVIDUAL FREEDOM) ARE ENUMERATED. THE FUNCTIONS OF THE TERM IN POLISH CRIMINAL LAW ARE EXAMINED FROM DIFFERENT POINTS OF VIEW; E.G., FROM THE LEGISLATOR'S POINT OF VIEW 'DANGER TO SOCIETY' DETERMINES WHAT CONSTITUTES A LEGAL OR ILLEGAL ACTION--ALL ACTIONS FORBIDDEN UNDER THE LAW BY IMPLICATION CONSTITUTE A DANGER TO SOCIETY. IT IS CONCLUDED THAT THE MATERIALIST CONCEPT OF LAW IS PARTICULARLY SUITED FOR ADJUSTING PENAL REACTIONS TO THE REALITY OF LIFE AND THE NEEDS OF SOCIETY. FOOTNOTES ARE PROVIDED. --IN GERMAN. (SAJ)