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Some consequences and inconsistencies of changes in the protection of life and health in the amendment to the penal code of june 13, 2019


Kokot, Rajnhardt



Subject and Keywords:

amendment ; life ; health ; inadvertently causing death ; fight ; beating ; punishment ; penalization ; criminalization ; rationality ; repression


The article attempts to present the most important changes that have occurred in the provisions protecting human life and health along with the adoption on June 13, 2019 of an amendment to the Penal Code. Their dual nature is noteworthy. On the one hand, the modifications are aimed at restricting the level of criminal liability for some crimes in chapter XIX of the Criminal Code, including for more severe forms of homicide, causing damage to health, inadvertently causing death, or participating in a fight or beating. On the other hand, the amendment introduces new types of crimes, also unknown to earlier codifications of domestic criminal law, such as accepting a contract murder or causing the death of more than one person, as well as a different formula of responsibility for preparing and planning a murder. Considering the scope of these changes, the discussed amendment should be considered as the deepest interference with the legal status in the area of protection of the unit’s basic goods under the 1997 Criminal Code. The study presents the assumptions of some of the adopted solutions, analysis of the legitimacy of their introduction, and assessment of their systemic consistency, and an analysis of the consequences that these changes may entail in terms of increasing the effectiveness of preventing and combating crime directed against human life and health.

Place of publishing:



Wydawnictwo Uniwersytetu Wrocławskiego


Jabłoński, Mariusz. Red. ; Babińska-Górecka, Renata. Red.

Date issued:



ISSN 0137-1134 ; ISSN 0239-6661




PAd P 101660 II


pol ; eng


Acta Universitatis Wratislaviensis, ISSN 0239-6661, No 3996. Przegląd Prawa i Administracji, ISSN 0137-1134, 2020, 123, s. 185-204

Is version of:

Czasopisma Naukowe w Sieci (CNS)

Rights holder:

© Copyright by Wydawnictwo Uniwersytetu Wrocławskiego Sp. z o.o., Wrocław 2020


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