<abstract xmlns="http://www.w3.org/1999/xhtml">

<p>This paper analyses the role played by the notion of legal interest as a criterion for decisions on criminalisation and, according to some scholars, as an element of criminal offence. First, the analysis tallies the impact of legal interest on criminal policy, focusing on the correlation between this concept’s definition and underlying political theories. Subsequently, the article explores difficulties of using legal interest as an interpretative canon to determine whether the offender’s deed can be deemed materially unlawful.</p>
</abstract>

This paper analyses the role played by the notion of legal interest as a criterion for decisions on criminalisation and, according to some scholars, as an element of criminal offence. First, the analysis tallies the impact of legal interest on criminal policy, focusing on the correlation between this concept’s definition and underlying political theories. Subsequently, the article explores difficulties of using legal interest as an interpretative canon to determine whether the offender’s deed can be deemed materially unlawful.

The Attack on the Protected Legal Interest: A Criminalisation Principle and an Element of the Criminal Offence?

Ius Novum

This work is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.

This paper analyses the role played by the notion of legal interest as a criterion for decisions on criminalisation and, according to some scholars, as an...

The Attack on the Protected Legal Interest: A Criminalisation Principle and an Element of the Criminal Offence?

Published Online: Jun 30, 2023

Page range: 19 - 31

DOI: https://doi.org/10.2478/in-2023-0019

Keywords
criminal law, protected legal interest, theory of criminalisation, material unlawfulness, teleological interpretation

© 2023 Lazarski University, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.

The Attack on the Protected Legal Interest: A Criminalisation Principle and an Element of the Criminal Offence?

Published Online: Jun 30, 2023

Page range: 19 - 31

DOI: https://doi.org/10.2478/in-2023-0019

Keywordscriminal law, protected legal interest, theory of criminalisation, material unlawfulness, teleological interpretation

© 2023 Lazarski University, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.

Keywords
criminal law, protected legal interest, theory of criminalisation, material unlawfulness, teleological interpretation