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Title:

Remarks on the essence of a terrorist crime and penalty for it. Part I

Creator:

Kokot, Rajnhardt

ORCID:

0000-0002-6240-7282

Subject and Keywords:

crime ; terrorism ; terrorist purpose ; terrorist attack ; framework directive ; extraordinary tightening of punishment

Abstract:

The study attempts to draw attention to some, the most important complex threads — both in the criminological and the dogmatic legal sense — problems of crime of terrorist character. The starting point of considerations conducted in part I of the article is the historical analysis referring to genesis and evolution of dogmatic and normative perception and understanding of the concept of terrorist offense — from the legislation of the interwar period through post-war regulations, until the regulation of the Penal Code of 1969. The central thread of this part of the study is the analysis of the normative shape of a terrorist offense construction in terms of art. 115 § 20 of the Penal Code, legal nature of this institution as well as the consequences at the level of application of the discussed regulations. Considerations taken in part II of the study cover issues regarding the consequences of committing a crime of a terrorist character in the sphere of statutory and judicial punishment and other penal measures. In this part of the analysis, the issue of extraordinary tightening of punishment was subjected in particular to a terrorist crime including doubts that in practice the provisions relating to the rule of progression of punishment of terrorists can cause, as well as the possibility and rules of using other institutions shaping the legal situation of the perpetrator of a terrorist offense.

Place of publishing:

Wrocław

Publisher:

Wydawnictwo Uniwersytetu Wrocławskiego

Contributor:

Kalisz, Tomasz. Red.

Date issued:

2018

Date copyrighted:

2018

Identifier:

ISSN 2084-5065 ; ISSN 0239-6661

DOI:

10.19195/2084-5065.48.3

Language:

pol ; eng

Relation:

Nowa Kodyfikacja Prawa Karnego, ISSN 2084-5065, t. 48, 2018, s. 31-46

Is version of:

Czasopisma Naukowe w Sieci (CNS)

Autor opisu:

WR U/PAdbg