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Alternative title:

Error regarding the identity of the aggrieved party and misconduct in criminal law

Subject and Keywords:

error regarding identity   misconduct   mark of aprohibited act

Abstract:

The article discusses the legal assessment of actions performed by perpetrator, who commits aprohibited act against a different person than they intended to. The error in this respect may refer to confusing the person (the perpetrator mistakenly believes that they are facing A instead of B) or take the form of a deviation (instead of A, the perpetrator causes the effect in B). Doubts in this respect arise as to whether these situations should be assessed in the same way and whether the object of the perpetrator’s action constitutes a hallmark of a prohibited act. The arguments presented in the article point to a resolution of the problem regarding the correct classification of such situations.

Date issued:

2021

Resource Type:

text

Detailed Type:

article

Identifier:

ISSN 1733-5779   ISSN 0239-6661

DOI:

10.19195/1733-5779.37.3

Source:

PAd 102060 II

Language:

pol

Abstract Language :

eng

Is version of:

Czasopisma Naukowe w Sieci (CNS)

Rights holder:

Copyright by Wydawnictwo Uniwersytetu Wrocławskiego Sp. z o.o.

Autor opisu:

WR U/PAdbg