Glosa do wyroku Sądu Apelacyjnego w Szczecinie z dnia 26 kwietnia 2017 r. (II AKa 191/16, LEX nr 2295144)
Commentary on the Verdict of the Court of Appeal in Szczecin of April 26, 2017 (II AKa 191/16, LEX No. 2295144)

Summary/Abstract: Court of Appeal in Szczecin, in its decision of April 26, 2017 (II AKa 191/16, LEX No. 2295144), acknowledges that a wrong-doer did his act in a direct intention. According to the Court, killing a closely related person out of greed is a “motive that deserves special condemnation”. The commentary is of a mixed character: it partially approves, partially criticizes the verdict. Positive aspects are: recognition of a greed motive as a motive that deserves special condemnation (in abstracto) and an attempt at describing the motive background of the act. Critical part deals with basic issues, decision-making process of the court. The verdict is an example of lack of court’s ability to explain the way of prescribing mens rea.

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