Między jednoznacznością a zrozumiałością zakazu karnego. Uwagi o regule nullum crimen sine lege certa w perspektywie konstytucyjnej

Abstract

The object of the papet is to resolve a possible collision of the directives of unambiguity and communicativeness of a criminal prohibition arising from the principle of nullum crimen sine lege certa. The principle of nullum crimen follows from the rule of law, protection of trust and is an element of the principle of decent legislation, which dictates that they should be taken into account when resolving a conflict. The author is in favour of placing greater emphasis on the clarity of the prohibition, while maintaining unambiguity. He also supports the view that the incomprehensibility of the prohibition may be the basis for excluding liability in the case of an error as to the unlawfulness of an act. The text is of a dogmatic and theoretical-legal nature. It uses the method of dogmatic analysis.