Działanie na szkodę interesu publicznego jako znamię przestępstwa z art. 231 k.k. Popełnionego przez funkcjonariusza publicznego wykonującego zawód prawniczy

Abstract

One of the conditions of criminal liability for committing the offense under Art. 231 of the Criminal Code is acting to the detriment of public or individual interest. In the case of an offense under Art. 231 of the Criminal Code by a legal practitioner, i.e. a judge, public prosecutor, notary or bailiff, it is important to define the concept of “public interest”. Due to the scope of powers and duties of the above-mentioned professional groups, acting to the detriment of the public interest will be a much more common feature of a crime than acting to the detriment of the individual interest. It should be noted that the notion of “public interest” as a definition element of a crime under Art. 231 of the Penal Code is an undefined phrase, which is understandable due to the blank nature of this crime. It is therefore important to define this concept as precisely as possible when resolving a case in a specific factual state – in view of the importance of public tasks of these professional groups, as well as the legal and social consequences of their actions or omissions. One cannot lose sight of the fact that too broad an interpretation of this concept would result in an unauthorized extension of the scope of liability, with a negative effect on the functioning of the legal system. This publication is an attempt to answer the question whether such a definition of “acting to the detriment of the public interest” in judicial practice is accepted as a standard of judgment.