Trespass as a Unitary Substantial Law Institution

Abstract

The study concerns the main characteristics of the 19th–20th-century codification of malfeasances on the fringe of criminalism. First, it examines parts of the 1843 penal law propositions, the so-called Addendum and Act IX of 1840, the field-guard law. It pays particular attention to the jubilarian relationship of Penal Code and Trespass Code, the European trichotomic system. It analyses the thesis composed in the mid-20th century, ‘the trespass is not an indispensable criminal category’, and the infringement that was formulated accordingly. It introduces the two infringement laws of 1968 and 1999 and their main characteristics, then evaluates the third infrigement law of 2012. The conclusion of the regulation is that the regression of infringements into trespass is a juridical dogmatism.