<abstract xmlns="http://www.w3.org/1999/xhtml">
<p>This article aims to assess whether the criminal law regulations on causing human death are consistent with each other, but primarily whether they are coherent with the axiology of the entire legal system in that area. First, the author presents the significance of axiological consistency and – based on the Constitutional provisions, rulings of the Constitutional Tribunal and arguments of representatives of the doctrine – decodes the basic assumptions relating to the protection of human life. Further, by means of an examination of the provisions of the Criminal Code and the law on infertility treatment, the author diagnoses a state of complete axiological inconsistency in the area of a criminal law response to causing death, pointing to the causes of that state of affairs. The significance of axiological consistency indicated at the outset (on numerous levels) does not let one ignore that conclusion.</p>
</abstract>

This article aims to assess whether the criminal law regulations on causing human death are consistent with each other, but primarily whether they are coherent with the axiology of the entire legal system in that area. First, the author presents the significance of axiological consistency and – based on the Constitutional provisions, rulings of the Constitutional Tribunal and arguments of representatives of the doctrine – decodes the basic assumptions relating to the protection of human life. Further, by means of an examination of the provisions of the Criminal Code and the law on infertility treatment, the author diagnoses a state of complete axiological inconsistency in the area of a criminal law response to causing death, pointing to the causes of that state of affairs. The significance of axiological consistency indicated at the outset (on numerous levels) does not let one ignore that conclusion.

The Issue of the Axiological Consistency of the Criminal Provisions Regulating the Causing of Human Death

Białostockie Studia Prawnicze

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

This article aims to assess whether the criminal law regulations on causing human death are consistent with each other, but primarily whether they are coherent...

The Issue of the Axiological Consistency of the Criminal Provisions Regulating the Causing of Human Death

Online veröffentlicht: 28. Sept. 2023

Seitenbereich: 279 - 298

Eingereicht: 27. Dez. 2022

Akzeptiert: 12. Juni 2023

DOI: https://doi.org/10.15290/bsp.2023.28.03.12

Schlüsselwörter
axiology of criminal law, causing human death, embryos, human dignity, human life, nasciturus

© 2023 Olga Sitarz, published by Sciendo

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

The Issue of the Axiological Consistency of the Criminal Provisions Regulating the Causing of Human Death

Online veröffentlicht: 28. Sept. 2023

Seitenbereich: 279 - 298

Eingereicht: 27. Dez. 2022

Akzeptiert: 12. Juni 2023

DOI: https://doi.org/10.15290/bsp.2023.28.03.12

Schlüsselwörteraxiology of criminal law, causing human death, embryos, human dignity, human life, nasciturus

© 2023 Olga Sitarz, published by Sciendo

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

Schlüsselwörter
axiology of criminal law, causing human death, embryos, human dignity, human life, nasciturus