Published: 2022-12-30

Violence and the threat of its use as attributes of the offence of armed robbery

Jan Kluza
Zeszyty Prawnicze
Section: Artykuły
https://doi.org/10.21697/zp.2022.22.4.03

Abstract

The subject of this article is to examine the actions an offender takes to commit armed robbery as defined under Art. 280 § 1 of the Polish Penal Code. One of the attributes of the offence enumerated in this provision is the use or threat of violence against a person. It would seem that these attributes are perfectly clear and there should be no major problems with determining the scope of their designata. They are not vague or discretionary. Nevertheless, certain complicating factors have been encountered in the Polish doctrine and jurisprudence concerning these attributes, in which their acceptance or non-implementation was questionable. If they are to be attributes of a prohibited act, these concepts should be understood strictly and their extended interpretation is inadmissible.

Keywords:

violence; violation of bodily integrity; direct violence; threat; unlawful threat.

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Citation rules

Kluza, J. (2022). Violence and the threat of its use as attributes of the offence of armed robbery. Zeszyty Prawnicze, 22(4), 55–70. https://doi.org/10.21697/zp.2022.22.4.03

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