ROLE OF PSYCHICAL FACTOR IN REVEALING AN OFFENCE AND A MEASURE OF PUNISHMENT Cover Image
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ROLA CZYNNIKA PSYCHICZNEGO W USTALENIU PRZESTĘPSTWA I WYMIARU KARY
ROLE OF PSYCHICAL FACTOR IN REVEALING AN OFFENCE AND A MEASURE OF PUNISHMENT

Author(s): Tomasz Przesławski
Subject(s): Law, Constitution, Jurisprudence
Published by: Wydawnictwo Uniwersytetu Warszawskiego
Keywords: wymiar kary; ustalenie przestepstwa; czynnik psychiczny; ciężar czynu zabronionego; odpowiedzialność karna; świadomość; czyn; kara

Summary/Abstract: The article is devoted to mental experiences of man crucial to determine tort, guilt and their meaning crucial for the establishment of punishment and the way of its performance. The author indicates that categories as consciousness and motivation will play their part both in the act itself, as well as in the inner relation of the offender to the undertook tort. The mental factor specifies the area of human possibilities and allows for qualification of human behavior under the specific rule of criminal law. Independently from that, one should not resign from evaluation of assessment of mental experiences at a stage connected with determining guilt. The guilt has its existence and content, which derives from the mental factor that accompanied the human being at the time of committing the tort. Taking into account the mental content in the judge’s assessment allows for determining the guilt even when the offender does not agree with such an evaluation. Resignation from the assessment of those experiences at determination of guilt towards acceptance of accusation as the result of evaluation of the whole act determined in the legal qualification, leads to omission of forms of guilt and deprivation of positive contents of this notion. The mental factor plays crucial role in the process of measuring out the punishment, since the inconvenience of punishment cannot exceed the extent of the guilt. The author adopts a stance that the role of the mental factor does not end with the extent of punishment, but has a crucial meaning at the time of its performance. This role is based on determining a legal position of a condemned person, the possibility of use of probation institutions and the factual way of performance of punishment.

  • Issue Year: 2009
  • Issue No: 50
  • Page Range: 145-155
  • Page Count: 11
  • Language: Polish