Związek przyczynowy jako podstawowy warunek pozwalający na przypisanie odpowiedzialności sprawcy przestępstwa skutkowego. Próba uporządkowania pojęć.
Causality as the basic condition of assignment of offender’s liability for effect endeavour to unscramble terms

Summary/Abstract: In connection with the proposal of Criminal Law Codification Commission, regarding the introduction to the current Criminal Code provision which will regulate the issue of assignment effect in criminal law — this sketch focuses on key issues associated with this ground. In opinion of the author — an essential factor when examining the causality is commonly used condition sine qua non, which (due to a fairly wide range of use) must be limited to situations relevant to the criminal law. The discussed condition is the first element of adjudication, which is then clarified by determining whether there is reprehensible to contribute a specific perpetrator to actualize by him the constituent hallmarks of a particular type of criminal offense. The author assumes that the causal relationship is one of the constituent hallmarks of offenses which is describe by effect. Therefore, the social danger of the act — also must complete the title element by its own material content. In addition, this article clearly distinguishes the same issue of causation from the attach of responsibility for the result of the offender in the criminal law, because it is only the starting point for the use (or non-use) of the relevant criminal law response.

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