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Criminalization created in judicial practice on the example of criminal liability for impossible preparation for a crime
Abstract
RESEARCH OBJECTIVE:
The purpose of the study is to characterize the phenomenon of criminalization created in judicial practice, using the example of the interpretation of the provisions on preparation for a crime, which results in the assumption of criminal responsibility for a crime contrary to the legal definition contained in the Polish Criminal Code.
THE RESEARCH PROBLEM AND METHODS:
The study addresses the issue of the encroachment of the judicial power into the competencies reserved for the legislative power, by creating the criminalization of an act despite the absence of a statutory basis for holding a citizen criminally responsible. Analyses are based on the dogmatic method (analysis of provisions according to the principles of interpretation accepted in the science of criminal law).
THE PROCESS OF ARGUMENTATION:
The considerations present the functions of the statutory legal definition of preparation for a crime and indicate what the criminalization created by unjustified interpretation of the legislation consists in. The analyses revolve around the crime of grooming under Article 200a of the Polish Criminal Code and the situation of impossible grooming, when the perpetrator is unable to carry out the intended crime.
RESEARCH RESULTS:
As a result of the analyses, it was confirmed that the phenomenon of criminalization created against the provisions of the criminal law does in fact take place in the judicial practice of criminal responsibility for impossible grooming. The indicated practice must be treated in terms of violation of substantive law.
CONCLUSIONS, INNOVATIONS AND RECOMMENDATIONS:
The study makes it possible to formulate the postulate of conducting a meticulous interpretation of the provisions of the repressive law, taking into account in judicial practice the legal definitions contained in the Polish Criminal Code. Only in this way the standards set forth in the Constitution of the Republic of Poland will be met.
Keywords
criminalization, criminal responsibility, preparation for a crime, grooming
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