Published: 2021-06-24

Criteria for the Application of a Cumulative Legal Qualification for a Given Act: Remarks on Art. 11 § 1 of the Polish Criminal Code

Adam Błachnio
Zeszyty Prawnicze
Section: Artykuły
https://doi.org/10.21697/zp.2021.21.2.08

Abstract

This article discusses issues relating to “the same act” in Art. 11 of Kodeks karny (the Polish Criminal Code) as a necessary condition for the application of a cumulative legal qualification for a given criminal act. In the introduction I present the issues relating to the regulation introduced under Art. 11 and the concept of “the same act” (ten sam czyn). Next, I go on to the criteria which should be adopted to analyse the nature of a given (prohibited, viz. criminal) act, in particular those that relate to the time when and place where it was committed, the offender’s motives, the diverse consequences of its commission, and the nature of its characteristic attributes. To conclude, I present my opinion on the procedure which should be followed to determine how many prohibited acts have been committed in any given case.

Keywords:

criminal liability; convergence of provisions; criminal act; criminal law.

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Citation rules

Błachnio, A. (2021). Criteria for the Application of a Cumulative Legal Qualification for a Given Act: Remarks on Art. 11 § 1 of the Polish Criminal Code. Zeszyty Prawnicze, 21(2), 159–185. https://doi.org/10.21697/zp.2021.21.2.08

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