Subiektywny, obiektywny czy mieszany charakter rozboju kwalifikowanego?,

Abstract

"The aim of this article was to address the issue of an object similarly dangerous to a knife or a firearm within the meaning of Article 280 § 2 of Penal Code to answer the question whether the qualified nature of this type of an offence originates from objective, subjective or mixed reasons. The focus was on what is meant by the concept of danger to which Article 280 § 2 of Penal Code refers, an analysis of which was carried out taking into account the doctrine and jurisprudence. It was emphasised that for the purposes of the cited type of prohibited act, it is necessary to examine the characteristics of a specific object which is evidence in the case, including a knife and a firearm, as the presumption of dangerousness covering them can be rebutted. Subsequently, it was considered which legal good is protected by the sanctioned norm of the Article 280 § 2 of Penal Code and juxtaposed with exemplary situational cases. As a result of this analysis, the conclusion was drawn that the qualified nature of robbery under Article 280 § 2 of Penal Code originates from objective factors, while subjective factors are not relevant for the fulfillment of the elements of this type of criminal act."