Poziom wymagań stawianych podmiotom w obrocie a instytucja naruszenia reguł ostrożności w postępowaniu z dobrem prawnym w prawie karnym
Streszczenie
The article is devoted to a problem, which is a fragment of a wider issue. That means
the essence and character of the institution of violation of rule of care in penal law,
especially the setting of the level of requirements within the institution for the units that
exist in the conduct of legal. The compilation of this issue was carried out analysing the
points of view of representatives of the doctrines of civil law on the character of the
expression "proper solicitude" educated on the bases of this field of law. The conclusion
from the analysis of this concept were confronted with the functions of the penal law with
the aim of finding an answer to the question concerning the influence of the objective gauge
of conduct of those educated in the field of civil law on human behaviour created on the
bases of the penal law.
Then a thesis was formed that a certain function of penal liability authorises the forming
of a specific penal law level of requirements set for the conduct of legal. The possible ways
of interpretation of the concept "duties" in penal law were stated. The above mentioned
considerations led to the conclusion that the normative meaning of duties is determined by
the principles of prevention in conduct with legal goodness, which precisely mark the level
of requirements set for the conduct units. The question of the catalogue of the rule of care,
their components, the criteria of their setting and interpretation of their meanings and the
determination of their reciprocal relations taking place between them are also considered in
the article. In this context, the issue of them influence of "external" circumstances of the act,
such as the time and place of it commission on, the meaning of the principles of prevention.
Postulates in were also mentioned the literature which determined the Jevel of requirements
should depend on the possession of special qualifications by the unit in the particular field
of lega! conduct.