INDECEND EXCESS (ART. 140 OF THE OFFENCE CODE)

Abstract

The author analyzes the issues related to the offense of the indecent excess, defined in Art. 140 of the Offense Code. The narrative runs through the issues of: the object – protection, assassination – which is morality and decency in the public perspective and the public order; forms of committing of the offense – it is universal nature and may take the form of an action. The considered offense does not have to be implemented “directly” in the public space, it is enough for the occurrence of the indecent excess, that it could be noticed by other people. Indecent excess does not have to be a behavior that violates shamefulness, exposing publicly intimate or obscene sexual behavior, but it can also violate decency in other ways. An indecent excess may be carried out intentionally or unintentionally. Article 140 of the Offense Code typifying the analyzed offense may occur – from the point of view of legal qualification – in the coincidence (apparent or real) with specific provisions listing specific crimes or offenses.