Published: 2021-04-181

The crime of burglary in the view of the Supreme Court's case-law regarding the interpretation of substantive criminal law

Jan Kluza
Civitas et Lex
Section: Legal Sciences
https://doi.org/10.31648/cetl.5925

Abstract

The crime of burglaray functioning in the Polish criminal law system for a long time is quite a good example of analyzing the principles that should be followed when decoding the norms of substantive criminal law. Due to the fact that the principles of criminal liability must be subject to strict rules regarding the principle of proportionality derived from the Polish Constitution, the description of the prohibited act and the principle of interpretation of its features must be precise and cannot lead to a broad interpretation of the features of this act. A breakthrough in this perception of these indications makes the established position of the Supreme Court and doctrine perceiving the notion of burglary as an autonomous concept under criminal law, with which the author strongly disagrees by postulating the primacy of linguistic interpretation over the teleological interpretation within criminal law.

Keywords:

burglary, linguistic interpretation, rule of nullum crimen sine lege, legal definitione, interpretation.

Download files

Citation rules

Kluza, J. (2021). The crime of burglary in the view of the Supreme Court’s case-law regarding the interpretation of substantive criminal law. Civitas Et Lex, 29(1), 27–40. https://doi.org/10.31648/cetl.5925

Cited by / Share


This website uses cookies for proper operation, in order to use the portal fully you must accept cookies.