PL EN


2017 | 43 | 549-566
Article title

O funkcjach urojenia okoliczności wyłączających bezprawność. Wybrane zagadnienia teoretycznoprawne

Title variants
EN
On the functions of delusion as to the circumstances excluding unlawfulness. Selected theoretical aspects
Languages of publication
PL
Abstracts
EN
It has been established in this paper that delusion as to the circumstances excluding unlawfulness has three different functions in the structure of criminal liability premises. Firstly, it may exclude unlawfulness, which takes place in a situation where a perpetrator had no chance to realise that in reality the objective elements of unlawfulness exclusion had become real. Secondly, if the perpetrator erroneously stated that he was acting under the exclusion of unlawfulness while it was only objectively but not subjectively recognisable that it was not so, the perpetrator’s criminal liability would be excluded due to lack of fault. Thirdly and finally, if the perpetrator deluded that he was acting under the exclusion of unlawfulness while it was objectively and subjectively recognisable that it was not so, then all the requirements of the criminality of the act are met and the act of the perpetrator is to be found unlawful and culpable.
Year
Volume
43
Pages
549-566
Physical description
Contributors
  • Katedra Prawa Karnego Materialnego Uniwersytet Wrocławski
  • Katedra Prawa Karnego Uniwersytet Kardynała Stefana Wyszyńskiego w Warszawie
References
Document Type
Publication order reference
Identifiers
YADDA identifier
bwmeta1.element.desklight-d737e80c-64c4-400d-b402-ab244166dce4
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