Karygodność warunkiem odpowiedzialności za przestępstwo
Criminal record as a condition for liability for a crime

Summary/Abstract: According to art. 1 § 1 of the Penal Code, only those who commit an act prohibited under penalty by the law in force at the time of its commission are subject to criminal liability. This is the formal definition of the crime, while the substantive one is included in art. 1 § 2 of the Penal Code - a prohibited act whose social harmfulness is negligible does not constitute a crime. The concept of social harmfulness of an act that harms the good of a given community, which appears in the provision, is a criterion according to which the authority will assess the harm caused. The introduction of the concept of social harmfulness of an act determines the existence of the crime and also affects the amount of the penalty imposed on the perpetrator. The legislator did not directly define the meaning of the concept of social harmfulness of an act, but only indicated the elements that determine its occurrence and affect its degree. Criminality is a higher than negligible degree of social harmfulness of an act and is an inseparable element of the crime. Although it is impossible to clearly define what the social harmfulness of an act is due to the lack of its definition, in this publication I will try to indicate its multidimensional nature and draw attention to its various interpretations and reception.

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