Zawinienie na przedpolu w regulacjach prawa kanonicznego oraz polskich kodeksów karnych (analiza prawnoporównawcza)
Culpability in the Foreground of a Criminal Act under Canon Law Regulations and Polish Criminal Codes (A Comparative Legal Analysis)

Summary/Abstract: The purpose of this paper is an attempt to examine the problem of the so-called culpability in the foreground of a criminal act by comparing the solutions adopted in Polish law with the institutions of canon law of the Roman Catholic Church. Regardless of the differences resulting from different axiological assumptions, both systems faced a similar problem, which makes it possible to compare their institutions on the basis of the functional element. It can be said that, in terms of interpretation, canon law is, as it were, implicitly interpreted according to the so-called method of contextual argumentative models, except that the context that is supposed to imply the choice of one interpretation over another is the extensive and precise ethical teaching of the Church. Thus, although the canonical rules refer to the constructions developed in the common law (first of all, the two variants of the actio libera in causa), their role may be different, due to the systemic differences outlined.

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