Nowe tendencje interpretacyjne w orzecznictwie ETPC z zakresu prawa do wolności myśli, sumienia i religii
| Main Author: | Falski, Jacek |
|---|---|
| Format: | Article Journal |
| Bahasa: | pol |
| Terbitan: |
, 2018
|
| Online Access: |
https://zenodo.org/record/1400059 |
Daftar Isi:
- The paper concerns the way of understanding the meaning of the “many" mark appearing in the provisions of art. 115 § 2, 163, 165, 166, 169 § 2 and 300 § 3 of Penal Code. It is variously understood in doctrine and jurisprudence. Sometimes it is indicated that it’s not possible to determine a specific number, but the evaluation of the multiplicity takes place in relation to a specific factual situation, seeing in the out of focus the "many" element of decision-making slack introduced by the decision of the legislator. Other authors recognize the need to set the "many" boundary with the most often indicated in relation to the interpretation of the numeral "several". The author tries to justify the position, according to which it is possible and necessary to designate a rigid border of "many" as a number of at least 10 people or objects. It is based on linguistic and teleological arguments, in particular on warranty considerations.