Object structure

PLMET:

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Title:

The crime of not stopping for roadside inspection in the light of the Penal Code of 1997

Creator:

Kokot, Rajnhardt

ORCID:

0000-0002-6240-7282

Subject and Keywords:

traffic   transportation safety   road control   motor vehicle   abandonment   runaway   escape   pursuit   danger

Abstract:

The article addresses the issues of the crime of not stopping for roadside control introduced to the Polish criminal law system by virtue of the amendment of 23 March 2017. The new construction does not so much criminalize, but re-valorises the criminalization of some behaviours that were previously treated as offenses (Article 92 § 2 of the Penal Code). The study is an attempt to draw attention to some of the most important doubts - both of a teleological and interpretative nature - caused by the very idea of typing a crime under Art. 178b of the Penal Code, as well as its individual features. The article refers to the issue of rationalizing the discussed solution, its justification, the functions assumed by the legislator and the consequences of its introduction in the field of judicial practice. The text also recalls some paradoxes that are associated with the discussed regulation with a different criminal law assessment of behaviour - in fact analogically socially harmful - depending on the "dynamics", circumstances and conditions of evasion of the perpetrator of road control. The form in which the crime of escape from pursuit can be committed is problematic. A doubt arises, expressed in the literature, also present in court decisions, whether it is a crime of omission, action or a mixed form justifying treating it as a two-act offense. An attempt to clearly indicate the subject of protection of this crime also raises controversy. Certainly, the researcher of this issue cannot satisfy the conclusions which in this respect can be derived from the very location of the analyzed provision in the structure of the Penal Code. The doubts expressed in the doctrine are also raised by the nature of the crime of non-refraining from control brought by the 2017 amendment. In this context, resistance may be caused even by the abstractness of the exposure of legal goods to danger, which states the realization of its features. Important, especially from the perspective of applying the law, are the controversy regarding the convergence with other provisions (offenses) in which the regulation of art. 178b of the Penal Code it may remain, especially those that relate to relations with other attacks against security in transportation. Attention is drawn to the lack of unanimity - both in the literature and judicial decisions - even in the scope of such a fundamental issue as whether this concurrence is of a unified or multifunctional confluence. Finally, the article deals with the limits of penalisation of behaviours covered by the regulation of art. 178b of the Penal Code outlined in the sanction of this provision. Doubts may arise because - in the light of other regulations protecting similar legal goods - the degree of punishment of the analyzed offense is adequate to the quality and degree of its danger to endangered goods.

Place of publishing:

Wrocław

Publisher:

E-Wydawnictwo. Prawnicza i Ekonomiczna Biblioteka Cyfrowa. Wydział Prawa, Administracji i Ekonomii Uniwersytetu Wrocławskiego

Contributor:

Górnicki, Leonard. Red.

Date issued:

2019

Detailed Type:

journal

Identifier:

ISSN 2450-3932

DOI:

10.34616/fiuw.2019.2.164.188

Language:

pol   eng

WUL Catalog:

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Is part of:

Folia Iuridica Universitatis Wratislaviensis. 2019, vol. 8, no 2

Is referenced by:

www.fiw.prawo.uni.wroc.pl

Replaces:

Folia Iuridica Wratislaviensis

Access rights:

The use of this material is allowed only with accordance of applicable rules of fair use or other exceptions provided by law, and any broader use requires the permission of the authorized entity

License:

Making materials available on the basis of the agreement with the owner of the property copyrights

Rights holder:

Copyright by Wydział Prawa, Administracji i Ekonomii Uniwersytetu Wrocławskiego

Location of original object:

Library of the Faculty of Law, Administration and Economics

Autor opisu:

WR U/PAdjm   TK