ABOUT TWO TYPES OF PERSONIFIED MODELS IN CRIMINAL LAW Cover Image

O DWÓCH ODMIANACH WZORCÓW OSOBOWYCH W PRAWIE KARNYM
ABOUT TWO TYPES OF PERSONIFIED MODELS IN CRIMINAL LAW

Author(s): Konarad Lipiński
Subject(s): Criminal Law, Sociology of Law
Published by: Uniwersytet Adama Mickiewicza
Keywords: criminal law; actus reus; foreseeability;

Summary/Abstract: The article is an attempt to determine whether the reasonable man standard used in criminal law constitutes a uniform category. The author concludes that this figure is applied on two basic levels: (i) to determine the perpetrator’s consciousness of actus reus, and (ii) to define the duty of care, including reasonable foreseeability. This observation makes it possible to distinguish two basic types of the aforementioned standard, which differ from each other not only in the subject of the reference but also in their internal structure.

  • Issue Year: 80/2018
  • Issue No: 2
  • Page Range: 61-73
  • Page Count: 14
  • Language: Polish