Formy zjawiskowe popełnienia przestępstwa w polskim prawie karnym
Complicity in Polish Criminal Law

Summary/Abstract: The article presents the basic information about complicity in Polish criminal law. The main characteristics of the Polish construction of complicity and the main interpretation problems have been presented against the background of model solutions referring to criminal complicity in European criminal law. The article comprises the genesis of complicity in Polish criminal law, the main advantages of the employed construction, the most important of which is the breaking off with the accessory responsibility of the instigator and auxiliary. The text also comprises a short characteristics of the individual forms, principal and non-principal, of the commission of an offence in the Polish criminal law. The problem of distinguishing individual forms of the commission of an offence using different existing doctrinal and judicial theories has also been discussed. Separate remarks have been devoted to the issues of punishment for complicity and to the lack of consistency in criminal responsibility in that respect, which according to the author, though it does not infringe on the principle of lack of accessory responsibility in the qualitative sense, may however be perceived as introducing such responsibility in the quantitative sense in the field of punishment imposition.

• Details
• Contents