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

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

By: Olga Sitarz  
Open Access
|Sep 2023

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.

DOI: https://doi.org/10.15290/bsp.2023.28.03.12 | Journal eISSN: 2719-9452 | Journal ISSN: 1689-7404
Language: English, Polish
Page range: 279 - 298
Submitted on: Dec 27, 2022
Accepted on: Jun 12, 2023
Published on: Sep 28, 2023
Published by: University of Białystok
In partnership with: Paradigm Publishing Services
Publication frequency: 4 issues per year

© 2023 Olga Sitarz, published by University of Białystok
This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 License.