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Title:

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

ORCID:

0000-0002-6240-7282

Subject and Keywords:

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

Abstract:

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:

Wrocław

Publisher:

Wydawnictwo Uniwersytetu Wrocławskiego

Date issued:

2020

Date copyrighted:

2020

Resource Type:

text

Identifier:

ISSN 0239-6661   ISSN 0137-1134

DOI:

10.19195/0137-1134.123.12

Language:

pol   eng

Relation:

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)

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 Wydawnictwo Uniwersytetu Wrocławskiego Sp. z o.o.