The principles of guilt – remarks on the background of the Polish penal code
The principles of guilt – remarks on the background of the Polish penal code
Author(s): Anna KomadowskaSubject(s): Law, Constitution, Jurisprudence, Criminal Law
Published by: Towarzystwo Naukowe KUL & Katolicki Uniwersytet Lubelski Jana Pawła II
Keywords: guilt; principle of subjectivization; normative theory of guilt; psychological theory of guilt; relational theory of guilt; intentionality; unintentionality
Summary/Abstract: Guilt, besides punishability and culpability, constitutes an element of the definition of a crime. Scientific literature broadly describes problems pertaining to the essence of guilt and it creates its definitions. However, there is no agreement in this respect and a few more important theories of guilt have been put forward. The 1997 code for the first time introduced the declaration of guilt and the solutions about guilt which principally differ from the previous ones. The Author of the present paper makes an attempt to get a closer look at the problem of guilt, its importance for penal liability as well as trying to point out which solutions concerning the perpetrator’s guilt have been adopted in the present code.
Journal: Roczniki Wydziału Nauk Prawnych i Ekonomicznych KUL
- Issue Year: 2015
- Issue No: 1
- Page Range: 115-125
- Page Count: 11
- Language: English