Analiza porównawcza zgody wyłączającej odpowiedzialność karną w prawie europejskim
Comparative Analysis of Consent Exempting Criminal Liability in European Law

Summary/Abstract: The article discusses the problem consent of the victim as a circumstancewhich excludes criminal responsibility of the perpetrator. The startingpoint for consideration is the Latin sentences “wishing is not goingto get hurt.” This is the dilemma so called crimes without victims. Articleaffects a diffi cult phenomenon in the law which is morality. Although,in principle, should not be combined morality with the law, however, inmany cases morality will determine the criminal liability of the perpetrator.Such cases we observe not only the Polish legislation, but also otherEuropean countries.The fi rst part of the article presents the problem of consent under thePolish penal law, and in the rest of this problems is juxtaposed with themodel of the German and Anglo-Saxon. This trial shows that there arediscrepancies between theory proponents of liberalism legal and realityjudgments.

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