Znamię modalne przemocy, podstępu i współdziałania na przykładzie art. 264 § 2 Kodeksu karnego

Abstrakt

The refugee crisis on the Polish-Belarusian border related to the appearance on the border of a significant number of people who were brought to the territory of Belarus and then directed to the territory of Poland in an organized manner by Belarusian services led to a number of actions by, among others, Polish authorities, the legal aspects of which required urgent elaboration. This article addresses the issue of denotation of violence, deceit and complicity on the example of Article 264 § 2 of the Criminal Code. The considerations presented show that the modal elements of the type of criminal act described in Article 264 § 2 of the Criminal Code are characterized by a very wide range of designations of their realization. Every year there are about 700 final convictions of adults under this provision. In the first half of 2021 alone, 4006 foreigners were disclosed or detained. That is why it is so important, for guarantee reasons, to precisely define the subject limits of the norm that has been analyzed.