Wykroczenie prowadzenia działalności gospodarczej na terenie pomnika zagłady lub jego strefy ochronnej bez wymaganej zgody (art. 19 § 1 o.t.o.z.)

Abstract

In the article have been analyzed the features and the criminal threat of an offence of conducting business activity on the premises of the Extermination Memorial or its protection zone without the required consent, specified in Art. 19 § 1 of the Act on the protection of the areas of former nazi death camps (p.a.d.c.). In this context – the issues of the subject of protection, verb feature, economic activity and its regulation-rationing, object, objective side, place of committing the offense, criminal threat – are raised. The economic activity, referred to in Art. 19 § 1 p.a.d.c., is an organized gainful activity that is carried out on one’s own behalf and on a continuous manner. This activity may take a limited form, defined in Art. 8 § 1 p.a.d.c. This offense: may be committed intentionally or unintentionally, has common and formal character. The perpetrator of this offense is subject to a fine, which may – exceptionally – be replaced by socially useful work or a penalty of arrest.