Abstrakt: | The principle of subsidiarity of criminal law requires the location of the norms
which regulate specific social relations beyond the branch of law which was adduced. On
the one hand, it enables the realisation of the postulate, peculiar to the system of repressive
law, to place the rules of conduct and the norms which regulate specific relations
beyond criminal law. On the one hand, the intervention with criminalisation into relations
regulated by other branches of law should enforce a significant synchronisation of
the regulations of criminal law with the norms which are peculiar to a given branch of
law. A legal system which features co-relations should represent consistency. As a result,
the criminalisation of behaviour regulated by other branches of law deepens the connotations
between them. The enracinement of legal regulations into an increasing number
of new areas is the source of doubts associated with the lack of consistency between the
particular regulations or, in the case of a strong drive of the criminal law to inscribe itself
into legal norms which regulate a given sphere of life, to the negation of the capability of
the criminal law to acquire functions which are set to this branch of law. On the basis of
selected examples, the article attempts to reflect upon the legislator’s maintenance of the
balance between these values. |