The offense of inciting to beg (Art. 104 of the offense code)

Abstract

The subject of the research analysis are the features characterizing the offense of inciting to beg, defined in Art. 104 of the Offence Code. It has a formal character and is in part common, in part individual. It can be assumed — based partly, on views expressed in doctrine — that begging included in the Offense Code means insistently asking for material support which allows to characterize the person who requests it as a beggar — apart from actions such as, i.a., a collection-fundraiser for a socially useful purpose (including suitably, moral etc.) — which does not violate the dignity and welfare of the collector — or mutual benefit (excluding sham benefits), which also should not infringe the dignity and welfare of the participants. The victim of the act can be a helpless minor, dependent on the perpetrator and remaining under their guardianship. The author expresses a de lege ferenda postulate regarding the wording of the provision and excluding from its scope “a person remaining under the perpetrator’s guardianship.”