Ekspertinė nusikaltimo požymių samprata, pasirinktų nusikaltimo aprašymų pavyzdžiu Lenkijos baudžiamajame kodekse

Abstract

The study will concern the issue of a criminological (or strictly criminal) interpretation in the Polish Penal Code of those selected elements of offences, usually concerning the object, which use terms such as: a firearm, a knife or another similarly dangerous tool, i.e. Article 223 of the Penal Code. – active assault on a public official, Article 280 § 2 of the Penal Code – qualified robbery. The issues under scrutiny are: • first to establish: „In view of the postulate of definiteness of the crime, in those cases where there is a statutory definition in the system of law (e.g. firearms), are the elements to be understood strictly in accordance with this definition or can definitions developed by forensic science, as a rule broader than the statutory definition, be considered to be accepted?” • secondly, „What is to be followed when assessing the elements not defined in the Act, is it more the judicial case law related to a specific provision or rather a forensic assessment?” • third: „What are the main determinants of the term „similarly dangerous instrument” – do they derive primarily (exclusively?) from forensic analysis?” Finally, how to evaluate the second and third questions in the light of the postulate of definiteness of the crime. Whether a more precise definition of these elements should be postulated or whether this is not possible.