Crimes of Abstract Exposure to Danger vs. no Threat to Legal Good as a Source of Legal Paradox
The article focuses on difficulties and problems with the assessment of behaviors not endangering legal good in the context of crimes of abstract exposition to danger. It contains a characterisation of these crimes, and analysis of their features (elements). It analyses the legal goods protected by the crimes of abstract exposition to danger and the reasons for devising requirement or prohibitions of specific behaviors. The work also analyses the possibility of using the rules applied to situations involving the protection of a legal good. It questions the adequacy of using a rebuttable presumption of a danger to legal good as a solution for paradoxes occuring in situations where there was no danger to legal good. It argues for limiting the scope of the crime of abstract exposition to danger by applying rules for protection of legal good to this category of crimes. The work is concluded by presenting the constitutive importance of applying rules for protection of legal good and arguing that there are no theoretical or dogmatic reasons for using a rebuttable presumption of a danger to legal good for solving the problem of behaviors not endangering legal good in crimes of abstract exposition to danger.
 Kardas.pdf | 486 kB |
