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Indermined penalty – consistent with Constitution

In its verdict from February 17th 2015 (case no. K 15/13) the Constitutional Tribunal has passed judgement that the art. 115 pt. 3 of the Bill on copyrights and ancilliary rights is consistent with the art. 42 pt. 1 of the Consitution. Subject of consideration was a use of a clause reading „in another way than specified in point 1. and point 2.”

In Tribunal’s opinion reaching for indeterminate definitions by the Legislator is justified by the nature of the copyright regulation that is applied in dynamic circumstances of the new technology era. Hence the Legislator applied structure of so called result crime – which is defined by existence of a specific result, not the way leading to it.

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