Problematyka zamiaru a zabójstwo pod wpływem silnego wzburzenia usprawiedliwionego okolicznościami (art. 148 § 4 k.k.)
The issue of intent of homicide under the influence of intense agitation justified by the circumstances (article 148 § 4 of the penal code)

Summary/Abstract: The aim of this article is to present the issue of intention, which accompanies a perpetrator committing a crime under art. 148 § 4 of the penal code – homicide under the influence of intense agitation justified by the circumstances. The content discusses the specifics of this crime, referring both to the explanation of the concept of strong agitation (affect) and to the approximation of views on the circumstances that may justify acting in this state. The subject of the further part of the article is to explain the specificity of different forms of intention which are known to the Polish criminal law. The analysis includes direct intention (dolus directus), eventual intention (dolus eventualis), sudden intention (dolus repentinus) and premeditated intention (dolus premeditatus). The views of both representatives of criminal law and a wealth of judicial decisions are presented, which relate to attempts to clarify whether it is possible to commit the offence of art. 148 § 4 of the penal code in each of the mentioned intentions, and if so, how the mental processes of the perpetrator of this offence are shaped in each of these situations and what motivation may accompany it.

• Details
• Contents