The aim of this work is to establish to what extent discrepancies of substantive misdemeanour law (relating to criminal law), which stem from simplification of responsibility rules, impact the position of victim. There are no general rules and principles relating to formation of the position of victim in either criminal law or misdemeanour law. Only by analysing particular regulations of the both respective codes allows one to reconstruct the status of victim and confronting it on the plain of the two responsibility regimes in question. The said confrontation reveals far-reaching differences within the scope of victim’s position in substantive regulations of misdemeanour law, some of which weaken the victim’s position, while other – strengthen it. Although those differences vary to their weight, yet it seems that regulations restricting the presence of the figure of victim are more significant – they genuinely decrease the competence of a person to whom the harm was made. Amongst the said regulations, first and foremost, have to be counted those that relate to possibility of ruling compensatory penal measures, as well as regulations defining the periods of limitation (aside from other discussed regulations). The assumed dual model of responsibility within this scope, in some cases, compromises the principle of equality before the law enshrined in Article 32 paragraph 1 of the Constitution of the Republic of Poland.
Summary
The article explores the problem of significance the termination of pregnancy in the context of criminal responsibility. In the first step, the legal analysis is focused on establishing the change of legal status connected with abortion and all the consequences for criminal responsibility. The second section refers to the current act, trying to find the answer how to recognized the termination of pregnancy. The third part refers to legal situation in Czech Republic at this area. Finally, some reflections on the criminal liability for the place of the offence have been presented. The possibility of conviction for abortion in a country where it is legal should be examined..
In the presented gloss, the author, on the basis of the decision of the Supreme Court, analyzes the relation of Article 54 § 1 to Articles 53 § 1 and 3 of the criminal code. The author’s aim is to establish the significance of the educational goal of punishment in light of the directives of punishment. The phrase “first of all” is an essential thing for the interpretation of the provision of Article 54 § 1 of the criminal code and the establishment of the aforementioned relation. Ultimately, albeit the author uses a different argumentation, she agrees with the Supreme Court’s resolution.
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