Abstract

The article addresses the issue of the place where prohibited acts have been committed, both as regards offenses and misdemeanours, in situations where an act is to have been committed in the form of omission. Such place is closely related to the question of territorial jurisdiction of the court. This issue is inconsistently perceived in judicial practice, leading to jurisdictional disputes between courts and prolonging the proceedings. The author has analysed these prohibited acts, for which there were relatively frequent discrepancies regarding the place where they have been committed. In making their selection, the author relied mainly on the decisions of the Regional Court in Gdańsk, issued as a result of the court's request for the resolution of jurisdictional disputes between courts of equal standing, and additionally on publicly available judgments of other courts. A result of this analysis is a proposal concerning the method for determining places where certain offences have been committed by way of omission and an indication of the types of arguments supporting this interpretation.