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Alternative title:

On physical punishment for educational purposes as alleged circumstances excluding unlawfulness of the prohibited act

Creator:

Piątkowska, Katarzyna

Abstract:

This article is dedicated to issues connected with non-statutory circumstances excluding unlawfulness of the prohibited act of so-called physical punishment for educational purposes, functioning under penal law. The author points out the conditions for the applicability of this exclusion, which have been brought about by the legal doctrine and judicial decisions, including those historical. The relationship between the scope of these excluding circumstances and Article 961 of the Family and Guardianship Code introduced in 2010, prohibiting the use of corporal punishment, has also been examined. Likewise discussed are the procedural issues connected with the occurrence of non-statutory circumstances excluding unlawfulness of the prohibited act, and the possibility of employing the clause on insignificant social harm or necessity in certain cases traditionally included under physical punishment for educational purposes. The article concludes with reflections on the future of the circumstances excluding unlawfulness of the prohibited act in view not only of legislative changes, but also in terms of public awareness

Place of publishing:

Wrocław

Publisher:

Wydział Prawa, Administracji i Ekonomii Uniwersytetu Wrocławskiego ; Wydawnictwo Beta-Druk

Contributor:

Sadowski, Mirosław (1964- ). Red. ; Spychalska, Aleksandra. Red. ; Sadowa, Katarzyna. Red.

Date:

2007-

Date issued:

2017

Format:

application/pdf

Identifier:

oai:repozytorium.uni.wroc.pl:89210 ; ISSN 2080-332X ; ISBN 978-83-65158-11-6

Language:

pol ; eng

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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 Pracownia Badań Praw Orientalnych, Katedra Doktryn Politycznych i Prawnych Wydziału Prawa, Administracji i Ekonomii Uniwersytetu Wrocławskiego & Authors