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Od przypadku do przypadku – czyli o casus na gruncie rzymskiego prawa karnego oraz pism retorycznych Cycerona-

100%
Kubiak P.
Opolskie Studia Administracyjno-Prawne
|
2016
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vol. 14
|
issue 2
57-78
EN
The opinion that Roman jurists were giants in the field of private law and dwarfs in criminal law is nowadays a little bit out of date. However, upon a closer analysis of the use of the term ‘accident’ (casus), such a statement seems to be justified. Casus for Roman jurists was not only, as in the sphere of private law, a pure random fact, but also a culpable human act. It is not hard to guess that their writings and opinions were inconsistent in that field and sometimes suggested quite surprising legal classifications of deeds committed in such a way. In order to understand this paradox it might be helpful to take a closer look at historical regulations of crimes committed unintentionally, including above all homicide, but also rhetorical sources, especially works of Cicero. His writings were a canon for learning rhetoric in later times, as well as inspiration for next generations of Roman jurists. His remarks and specific character of the metaphorical phrase si telum manu fugit quam iecit, constituting a kind of definitional topos of crimes committed unintentionally, can lift the veil of secrecy and enable penetration of Roman jurists’ philosophy of life and their intellectual formation.
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Dekryminalizacja przestępstwa (nieświadomie) nieumyślnego?

92%
Byczyk M.
Studia Prawnicze
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2014
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issue 3 (199)
119-136
EN
The author considers the reasonableness of the recently proposed – especially in the German and Ango–American science of Criminal Law – postulates of decriminalization of the unintentional crimes. The analysis of those propositions reveals that they are based on questioning the possibility of proving guilt of the perpetrator of inadvertently negligent crime. Such doubts have generally not been shared by the Polish doctrine of criminal law, although authors considering this question seem have been aware of the special character of the criminalization of those crimes, where there is no culpability of the will. At the same time, the analysis of the formulated on the grounds of theory of criminalization premises of the creating penal prohibitions reveals that the unintentional crimes, especially of inadvertent negligence, fulfill those premises. It does not change the fact that this type of responsibility should be applied exceptionally, more rarely than it is currently the case in the Polish Criminal Law. The achievement of this purpose could be possible by replacing in case of some crimes the unintentionality clause with recklessness clause. The chance to reflect upon this question could be the current discussion upon the changes in the Polish Criminal Code.
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