Postulat nullum crimen sine lege certa i jego (nie)kategoryczność w procesie stanowienia prawa karnego

Abstract

The article aims not only at presenting the nature and the advantages of the postulate of maximum specificity of the created offence type but also at determining whether the exclusively literal, uncompromising understanding of the specificity principle on the basis of the provisions of the criminal law should be assessed as the foundation rationalising the establishment of the criminal law norms. The discussion on the abovementioned topic refers to the views in terms of theory and judicial decisions (with particular emphasis on the decisions of the Constitutional Tribunal) on the basis of which an attempt is made to determine whether potential exceptions from restrictive understanding of the nullum crimen sine lege certa principle pose a threat to the guarantee nature of this principle.