Kilka uwag w kwestii konstrukcji wypadku mniejszej wagi

Abstract

In this article the stand of the rulings and doctrines in the case of discussion on the construction on what an incident of lesser gravity is like is presented. Examples of the regulations that are treated as the incident of lesser gravity are mentioned. On their bases, it is ascertained that the institution in description includes very various situations. lt is diflicult to Iind satisfying "common denominator" for a synonymous expression, which could be understood in the concept of incident of lesser gravity. Lack of consistency in the theory of the pena! law concerning the essence of the characterised construction is noticed. In the compilation, which accepts the point of view, according to which the existence of the incident of lesser gravity are influenced by the same circumstances, that apply to social noxiousness of an act. The incident of lesser gravity should be considered in relation to the particular act. The possibility to cancel the incident of lesser gravity is considered - trough the modification of the sanctions of the forbidden act, which the reminded construction concerns. This would have allowed the avoidance of doctrinal and juridical disputes concerning the essence of incidence of lesser gravity.