O przestępnym i nieprzestępnym zaniechaniu udzielenia pomocy w niebezpieczeństwie w ujęciu kodeksu karnego z 1997 r.

Abstract

Punishable and non-punishable failure to render assistancein danger in the lightof the Polish Criminal Code of 1997

The article part one raises the issue of evaluation, under criminal law, of the failure to provide assistance to a person in immediate danger of death or serious injury. It presents the origins and development of Polish criminal law regulations in this regard. The study focuses on the controversy around interpretations of the statutory definition of crime pursuant to Article 162 of the Polish Criminal Code. When discussing the polarity of views concerning the statutory approach, the author presents not only the position of the criminal law, but also numerous examples from the case law. The article highlights the legal nature of the obligation under Article 162 and the limits of its applicability. In this context, it refers to the liability of persons with a legal duty of prevention as well as entities without such a status. The study also provides comments on accessory and principal liability for the offence of failing to render assistance and possible overlapping of regulations and types of offences.