Argumentacja prawnicza w prawie karnym na przykładzie sporu dotyczącego przestępstwa zniesławienia internetowego i jego przedawnienia w kontekście pojmowania istoty przestępstwa trwałego

Abstract

The aim of the discussion will outline the interpretive discourse, taken on the basis of jurisprudence and doctrine regarding the arrangements for the issue of the time of committing the offense of defamation online. Will be presented arguments in support of the recognition of the moment of its commission, the timing of the entry defamatory, not its removal. Recognized that legal discourse taken the position of interpretation does not exclude the possibility of exposure “good name” of the victim of the danger of “humiliation” or “loss of confidence needed to take a position, occupation, conduct business,” all of the time available on the web portal defamatory content. On the other hand, was not a foregone conclusion of a lasting nature of such a criminal act, and only allowed the possibility of his qualifications as a “crime of the consequences (consequences) assets”. The study will address the issue of pass-through of such views on the issues of the limitation of the crime and the issue of demands, which in conjunction with the observed practice of justice extends doctrine, recognizing the specificity of Internet defamation and the fact constraints, and even deprive a victim of legal instruments (short limitation period) as well as practical tools that would allow the identification of the perpetrator.