The meaning of attributes “advertisement” and “promotion” used in the type of offense defined in article 200 § 5 of Polish Criminal Code

Abstract

The elements „advertisement” and „promotion” found in the legal provision art. 200 of the Criminal Code are not specified by the legislator in the CC. Due to the lack of legal definitions of both terms in the criminal-law order, the doctrinaire stance in the field of selected administrative law statues has been presented with the explanation of the terms in discussion. On this basis common features of each of the elements have been distinguished. Moreover, in the article there has been made an appraisal of the legitimacy of transferring the definitions of „advertisement” and „promotion”, both deriving from administrative law, to the criminal law ground, but also of the formation of separate definitions of the aforementioned terms for the purpose of CC.