Poziom wymagań stawianych podmiotom w obrocie a instytucja naruszenia reguł ostrożności w postępowaniu z dobrem prawnym w prawie karnym

Abstract

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.