Ustalenie strony podmiotowej czynu zabronionego w przypadku sprawcy niepoczytalnego

Abstract

Attributing the subjective features of the crime, in other words volitional and intellectual attuite at criminal act committed by perpetrator, is extremally important for settle the matter, if only because it have an influence at the punishment. In case of sane person in principle attributing subjective features is not difficult. But in case of insane perpetrator, perpetrator’s mental disorder impedes this attributing. This disorder cause that insane person sometimes in another way feels the desire to committing of criminal act or not. Insane persons also in another way than sane persons predicts or not possibility of committing the criminal act. Therefore issue of attributing subjective features of the criminal law in case of committing criminal act by insane perpetrator is issue in a dispute in Polish doctrine of criminal law. The author will start his consideration at elaborate what is subjective feature and insanity in sense of Criminal Code from 1997. Author will presents also examples of the Polish doctrine of criminal law views as to this problem, which are sometimes extremely different. The author also will quote some judgments as to this problem. At next the author will elaborate his opinion in the issue of attributing subjective features.

Keywords

• subjective features
• insanity
• attributing subjective features