Ustalenie wieku sprawcy czynu zabronionego
Determining the age of the perpetrator of the criminal act

Summary/Abstract: The article concerns how to determine the age of the perpetrator of a criminalact. The main research problem is on what principle the age of the perpetrator is calculated.The literature presents different positions. Some of them refer to the solutionsexisting in civil law, on the basis of analogia legis. Others opt for the adoption of the “moment-to-moment” method, according to which the offender ends a certain age only at thespecific hour and minute of the day corresponding to the date of his birth. The analysis ofthe issue presented was carried out taking into account the purposes and functions thatare associated with the premise of age in the subject of the grounds for imputation of criminalresponsibility, as well as using inferences from analogiae legis and iuris. Conclusionsarising from the analysis, in turn, confirmed the research hypothesis that on the groundsof criminal law regulations related to the calculation of the age of the perpetrator, the calculationof time is adopted on the basis of the “moment-to-moment” method.

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