Characterization of concurrence of provisions of Article 212 § 1 and Article 234 of Polish Criminal Code (with special regard to its substantive and procedural consequences)

Czasopismo Prawa Karnego i Nauk Penalnych Rok XXII: 2018, numer 1
Journal of Criminal Law and Penal Studies Volume XXII: 2018, No. 1

Wojciech Płóciennik – Ph.D. candidate, Jagiellonian University, trainee in the National School of Judiciary and Public Prosecution.

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Keywords

defamation, false accusation, concurrence of provisions, consumption rule, lex specialis

Summary

The main purpose of the article is to solve the issue of concurrence of Article 212 § 1 and Article 234 of Polish Criminal Code in situations when perpetrator’s behavior features elements defined in both of those provisions. The study contains a discussion and evaluation of views presented in jurisprudence and judiciary and substantive and procedural consequences of their acceptance. Author presents his own opinion, according to which the indicated provisions constitutes regular but negligible concurrence.