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  1. 1 Burchard Ł.

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Kategoria poczytalności prawnokarnej w systemie prawa kanonicznego

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Burchard Ł.
Łódzkie Studia Teologiczne
|
2017
|
vol. 26
|
issue 4
73-110
EN
In the canon law doctrine there is an agreement regarding the fact that the notion of legal accountability is wider than sanity. Legal sanity is based on previous existence of physical, psychological, moral and legal sanity and it means theoretical and practical judgement on the basis of which we assign a given person as an author concrete activity which is conscious and voluntary and which infringes moral norm or criminal regulation or criminal order. Consequently this subject must bear responsibility before the society. Pursuant to the canon 1321 § 2 of the Canon Law we distinguish two sources of legal sanity: wilful misconduct and negligence. Presumption of sanity is the supposition of freedom of the man who infringed a given legal regulation. This canonical presumption is based on the supposition that man, as a rule, is accountable for his actions because, as a rule, he acts freely.
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