BEZPOŚREDNIE NIEBEZPIECZEŃSTWO JAKO ELEMENT CZYNU ZABRONIONEGO

Adam Wróbel

DOI: http://dx.doi.org/10.21697/zp.2012.12.4.09

Abstrakt


IMMEDIATE THREAT (IMMINENT DANGER) AS AN ELEMENT OF PROHIBITED ACTS

Summary
The aim of this article is to present a comprehensive picture of the issue of “immediate threat/imminent danger”. The author focuses mainly on concepts in the doctrine and in judicial practice, and carries out a critical analysis of them. His research shows that there are many concepts associated with the institution of “immediate threat”. Depending on the full set of circumstances and conditions defining immediate threat, the criteria determining immediacy are based on the following factors: a) time, b) degree of probability c) sufficient cause, d) inevitability. None of these criteria should be overlooked if immediate threat is to be assessed correctly, and the applicability of each of them should be examined and considered as fully as possible.



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