Constitutional Standard of Clarity in the Aspect of the Crime of Theft with Burglary

The study relates to the analysis of Art. 279 of the Penal Code (theft with burglary) from the point of view of constitutional standards of clarity of criminal law (Art. 42 sec. 1 of the Constitution). The analysis concerns the case law of the Supreme Court. The jurisprudence takes into account technical and technological progress which is important for the interpretation of the notion “burglary”. Dictionary definitions of this notion were also used. Moreover, the principle of nullum crimen sine lege certa was interpreted in the light of the Constitutional Tribunal’s jurisprudence. Against this background, it was concluded that Art. 279 of the Penal Code does not infringe the Constitution and its application – with the use of a dynamic method of interpretation – does not raise any objections. This provision adequately protects legal goods and its content allows for the predictable reconstruction of the features of a prohibited act.