Jakościowe zaburzenia snu (parasomnie) w kontekście odpowiedzialności karnej
Qualitative Sleep Disorders (Parasomnias) in the Context of Criminal Responsibility

Summary/Abstract: The article is devoted to the analysis of qualitative sleep disorders (parasomnias) in the context of criminal responsibility. The study uses the dogmatic-legal method, an analysis of medical literature, and a review of historical and contemporary cases of aggressive behavior occurring during parasomnia episodes. The first part of the article addresses general issues concerning the physiology of sleep, as well as the characteristic features distinguishing selected qualitative parasomnias among sleep disorders in general. It focuses on somnambulism, sexsomnia, confusional arousal (sleep drunkenness), night terrors, and REM sleep behavior disorder. The next part presents descriptions of historical and contemporary cases in which aggressive behavior occurred, including cases that resulted in criminal-law intervention. Building on the findings of the first two parts, the third part is devoted to considerations regarding how such cases should be resolved under Polish criminal law, comparing two views: the first holding that behavior undertaken during a parasomnia episode does not constitute an act, and the second holding that such behavior should be assessed through the lens of the insanity provision. The third part of the article also briefly indicates the evidentiary circumstances that procedural authorities should take into account when establishing the material truth.

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