Zawinienie na przedpolu czynu zabronionego a wprawienie się w stan niepoczytalności przez sprawcę uzależnionego
The so-called culpability in the foreground of the prohibited act and rendering oneself into a state of insanity in case of the addicted perpetrator

Summary/Abstract: The article refers to the problem of attribution of guilt to the perpetrator suffering from alcoholism who commits a prohibited act while being intoxicated. The author analyses legal norms contained in the Polish Criminal Code concerning the coincidence of prohibited act and guilt, and the institution of the so-called culpability in the foreground of the prohibited act, then refers to the characteristics of alcoholism and the forms of intoxication as distinguished in medicine and penal sciences. Next, the author emphasizes that for the attribution of guilt it is necessary to state that behaviour resulting in intoxication – and therefore consisting in the consumption of alcohol – must be intentional, conscious and voluntary. Considering the above, the author points out that it is possible that such a state of affairs can occur in which rendering oneself intoxicated will not have the abovementioned features, thus it will not allow for the attribution of the guilt.

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