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Crimes of abstract and concrete danger

Elżbieta Joanna Hryniewicz

Abstract

This doctoral dissertation is a first comprehensive analysis of the crimes of abstract and concrete danger, made in Polish legal science. The aim of the research was to determine the basis to establish limits of a criminal offence and, in the same way, limits of the interference of criminal law. Such a basis was found in an act of endangering essential social values (legal goods) as a result of violating the rules of careful conduct in relation to those values. On a basis of the way in which an act of endangering was phrased, criminal offences were divided into the acts of abstract and concrete danger. That division should not be equated to the division into formal and material offences, which is based on the construction of an offence. The division into abstract (potential) and concrete (real) offences, which is created in a phase of criminalization and reconstructed in a phase of interpretation of a legal article, obtains significance in a phase of applying a legal regulation. In this phase this division determines whether the endangering of a legal good, which is a necessary condition of an existence of a criminal offence, should be established in a positive or in a negative way. The analysis includes also locating danger in a structure of a crime and a legal meaning of danger in a phase of inflicting punishment on an offender and in a phase of its enforcement.
Record ID
UAMbc536254b51d4dae878d46e8a1126887
Diploma type
Doctor of Philosophy
Author
Title in Polish
Przestępstwa zagrożenia abstrakcyjnego i konkretnego
Title in English
Crimes of abstract and concrete danger
Language
pol (pl) Polish
Certifying Unit
Faculty of Law and Administration (SNs/WPriAd/FoLaA) [Not active]
Discipline
law / (law) / (social studies)
Status
Finished
Year of creation
2010
Start date
31-05-2010
Defense Date
31-05-2010
Title date
31-05-2010
Supervisor
URL
http://hdl.handle.net/10593/390 Opening in a new tab
Keywords in English
abstract danger; concrete danger; endangering; crimes
Abstract in English
This doctoral dissertation is a first comprehensive analysis of the crimes of abstract and concrete danger, made in Polish legal science. The aim of the research was to determine the basis to establish limits of a criminal offence and, in the same way, limits of the interference of criminal law. Such a basis was found in an act of endangering essential social values (legal goods) as a result of violating the rules of careful conduct in relation to those values. On a basis of the way in which an act of endangering was phrased, criminal offences were divided into the acts of abstract and concrete danger. That division should not be equated to the division into formal and material offences, which is based on the construction of an offence. The division into abstract (potential) and concrete (real) offences, which is created in a phase of criminalization and reconstructed in a phase of interpretation of a legal article, obtains significance in a phase of applying a legal regulation. In this phase this division determines whether the endangering of a legal good, which is a necessary condition of an existence of a criminal offence, should be established in a positive or in a negative way. The analysis includes also locating danger in a structure of a crime and a legal meaning of danger in a phase of inflicting punishment on an offender and in a phase of its enforcement.

Uniform Resource Identifier
https://researchportal.amu.edu.pl/info/phd/UAMbc536254b51d4dae878d46e8a1126887/
URN
urn:amu-prod:UAMbc536254b51d4dae878d46e8a1126887

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