Z problematyki prawnokarnej oceny zbiegnięcia sprawcy z miejsca przestępstwa drogowego

Abstract

On criminal-law issues of the assassment of an offender fleeing the scene of an traffic crime

On the grounds of criminal-law research, the article tries to conduct a dispute analysis of the issues of a legal evaluation of “the fleeing” of a road traffic participant from the scene of the communication event. The subject of the analysis is not only the concept of “the escape” — its subjective aspect — but also its perception on the grounds of the past and the presently applicable legal solutions. Attention was drawn to the change in function that these circumstances fulfilled and to how, within years, its influence on justice in cases of communication crimes — from the circumstances restricting the dimension of punishment in the phase of judicial substantiation, via creation of the marks of the qualified type of forbidden act, to a general cumulative premise of extraordinary restriction of punishment. One of the leading ideas of this work is the case of the ratio legis regulation of the fleeing of the road traffic participant from the scene of the communication event. In light of the accepted legal solutions it is unclear what determines its object of protection, and so the protection of which legal goods this regulation serves.