Studia Warmińskie (Dec 2011)

Nauczyciel funkcjonariuszem publicznym? Zakres ochrony i odpowiedzialności nauczycieli w polskim prawie karnym

  • Piotr Duksa,
  • Małgorzata Tomkiewicz

DOI
https://doi.org/10.31648/sw.297
Journal volume & issue
Vol. 48
pp. 227 – 248

Abstract

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Teachers take advantage of the protection guaranteed to public functionaries while performing or in relation to their official duties. According to the survey, teachers often fail to react to acts of violence at school including violence directed to themselves as they do not feel competent enough to act against people demonstrating aggressive behavior. They are also not fully orientated in the mechanisms of the protection guaranteed to public functionaries as well as in its scope. Low legal awareness on the matter results in the fact that teachers not always know that they often balance just within the law and some of their activities (or omissions) are even against the law. They are also not fully aware of the fact that legal liability arising from the specificity of their profession is by nature broader than in the case of other professions. Should they be aware of such liability, there will always be numerous questions and doubts. This article constitutes an attempt to find the answers to the above questions. Simultaneously through a short description of typical crimes committed against teachers and offences committed in relation to the duties performed by teachers the article is a compendium of basic legal knowledge on the matter.

Keywords