https://doi.org/10.21697/zp.2022.22.3.10
This paper discusses the Polish law on theft from another person’s garden and related issues, and considers aspects such as the scope of the offence, the goods and assets subject to legal protection under Art. 123 § 1 of Kodeks wykroczeń (the Polish Code of Petty Offences), the subjective and objective aspects of the offence, and the offender, e.t.c. I consider the situation when the offender has infringed two or more provisions. My study is based to a large extent on the literal aspect of concepts such as “garden,” “fruit,” “vegetable,” “flower,” “to belong to someone,” and “a negligible quantity.” In my opinion, the “negligible quantity” (nieznaczna ilość) in Art. 123 § 1 refers primarily to the quantity, but also, auxiliary to the value of the items stolen, and to their characteristic features. In my analysis, I also consider the opinions which have been expressed in the doctrine as well as in the Polish courts. I suggest that Art. 123 § 1 should be supplemented with an explicit reference to the value of the stolen items, and also that grzyby (mushrooms, fungi) should be specified in alongside fruit, vegetables, and flowers.
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