The “American duel” in the Makarewicz Criminal Code Cover Image

„Pojedynek amerykański” w Kodeksie karnym Makarewicza
The “American duel” in the Makarewicz Criminal Code

Author(s): Jarosław Janikowski
Subject(s): History of Law, Criminal Law
Published by: Uniwersytet Adama Mickiewicza
Keywords: duel; American duel; Makarewicz Criminal Code; honor;

Summary/Abstract: The article presents the term “American duel” which involves an agreement between two people to make the suicide of either of them contingent on certain precisely stated conditionsor fortuitous circumstances. Most often, it took the form of a ball draw, and the person whodrew the black ball was supposed to commit suicide. Prior to the introduction of the 1932Criminal Code, the criminalisation of the “American duel” was present in the HungarianCriminal Code and in the Russian Criminal Code. Although many doctrinal representativesconsidered the “American duel” to be indirect incitement to suicide, the 1932 Criminal Codecreated a separate criminal act by virtue of the provision of Article 229. The essence of the“American duel”, as opposed to a duel in its classical form, was not given much attention. Itis worth noting that the very term “American duel” is doubly erroneous, as it does not havethe usual characteristics of a duel and it is not of American origin.

  • Issue Year: 75/2023
  • Issue No: 2
  • Page Range: 27-35
  • Page Count: 9
  • Language: Polish