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Title:

On criminal-law issues of the assassment of an offender fleeing the scene of an traffic crime

Creator:

Kokot, Rajnhardt

ORCID:

0000-0002-6240-7282

Subject and Keywords:

traffic ; the safety of communication ; escape ; coincidence ; vehicle

Abstract:

On the grounds of criminal-law research, the article tries to conduct a dispute analysis of the issues of a legal evaluation of “the fleeing” of a road traffic participant from the scene of the communication event. The subject of the analysis is not only the concept of “the escape” — its subjective aspect — but also its perception on the grounds of the past and the presently applicable legal solutions. Attention was drawn to the change in function that these circumstances fulfilled and to how, within years, its influence on justice in cases of communication crimes — from the circumstances restricting the dimension of punishment in the phase of judicial substantiation, via creation of the marks of the qualified type of forbidden act, to a general cumulative premise of extraordinary restriction of punishment. One of the leading ideas of this work is the case of the ratio legis regulation of the fleeing of the road traffic participant from the scene of the communication event. In light of the accepted legal solutions it is unclear what determines its object of protection, and so the protection of which legal goods this regulation serves.

Place of publishing:

Wrocław

Publisher:

Wydawnictwo Uniwersytetu Wrocławskiego

Contributor:

Kalisz, Tomasz. Red.

Date issued:

2019

Identifier:

ISSN 2084-5065 ; ISSN 0239-6661

DOI:

10.19195/2084-5065.53.2

Language:

pol ; eng

Relation:

Nowa Kodyfikacja Prawa Karnego, ISSN 2084-5065, t. 53, 2019, s. 13-31

Is version of:

Czasopisma Naukowe w Sieci

Rights holder:

© Copyright by Wydawnictwo Uniwersytetu Wrocławskiego Sp. z o.o., Wrocław 2019

Autor opisu:

WR U/PAdbg