THEORETICAL ANALYSIS OF A SUBSIDIARY RULE IN CONCURRENCE OF THE REGULATIONS OF A BILL IN POLISH PENAL LAW (ARTICLE 231 PAR. 4 AND ARTICLE 13 PAR. 1 OF THE PENAL CODE FROM JUNE 6, 1997) (Polish title -...
THEORETICAL ANALYSIS OF A SUBSIDIARY RULE IN CONCURRENCE OF THE REGULATIONS OF A BILL IN POLISH PENAL LAW (ARTICLE 231 PAR. 4 AND ARTICLE 13 PAR. 1 OF THE PENAL CODE FROM JUNE 6, 1997) (Polish title - below)
(Title in Polish - 'Tak zwana subsydiarnosc ustawowa jako niejednolita dyrektywa usuwania niezbieznosci prakseologicznej norm prawnych w polskim prawie karnym (na przykladzie przepisow art. 231 § 4 i art. 13 § 1 k.k. z 1997 r.)'). The aim of this study is a theoretical analysis of a subsidiary rule in concurrence of the regulations of a bill in Polish penal law. The author presented his own view, using the conception of distinguishing legal regulations from legal norms contained in them (norms sanctioned and norms sanctioning) and others thesis from theory of law and methodology of legal sciences. In consequence - according to the author - the function of the subsidiary rule in concurrence of the regulations of a bill in penal law is to exclude collision between these norms.
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