Analiza znamion czynów stanowiących podżeganie i pomocnictwo sui generis w polskim prawie karnym w odniesieniu do znamion niesprawczych postaci przestępnego współdziałania określonych w artykule 18 § 2 i § 3 Kodeksu karnego
An Analysis of the Statutory Elements of Sui Generis Incitement and Aiding Offences in Polish Criminal Law in Relation to the Elements of Non-Perpetrator Forms of Criminal Participation Defined in Article 18 §§ 2–3 of the Criminal Code

Summary/Abstract: The study is devoted to the issue of sui generis incitement and aiding in Polish criminal law. On the basis of the currently applicable Polish Criminal Code, we can distinguish four crimes in which the description of the perpetrator’s behavior coincides in essence with the functional features characterizing the non-causative forms of criminal cooperation specified in Article 18 § 2-3 of the Polish Criminal Code (k.k.). However, types of prohibited acts specified in Articles 151, 152 § 2, 204, and 208 k.k. do not constitute classic incitement or aiding because the behavior of a person whom the perpetrator induces (persuades) or whom he or she assists (facilitates) is not a crime, which is a prerequisite for criminal liability under general rules. The main research problem analyzed in this study is the characterization of the sui generis incitement and aiding in relation to the characteristics of the non-causative forms of criminal cooperation specified in Article 18 § 2-3 k.k. It should be noted that the legislator in the specific part of the Polish Criminal Code uses synonymous expressions in relation to the concepts that appear in Article 18 § 2-3 k.k., i.e. „inducing” and „facilitating”, which causes discrepancies in interpretation. The doctrine of criminal law has not developed a uniform position on this issue, which indicates the need for a collective analysis of the characteristics of prohibited acts constituting sui generis incitement and aiding. Within this field of research, it will be possible to draw conclusions regarding a different approach to the elements of the crime described by the verb in the case of some acts constituting sui generis incitement and aiding, which in turn would allow to avoid discrepancies in interpretation.

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