Traf moralny a prawo karne. Kilka refleksji na temat zawinienia, wolnej woli i odpowiedzialności
The moral luck and criminal law. A few thoughts on guilt, free will and responsibility

Summary/Abstract: The article is an attempt to accept the philosophical concepts of moral luck in the field of criminal law science, including the philosophy and dogmatics of criminal law, especially in relation to the understanding of the concept of guilt and the consequences for the criminal assessment of human behavior. The author presents the concept of understanding moral luck and the resulting challenges regarding the principle of control which is the basic element of the assumption of the free will of man. The main problem is to discuss the importance of “moral fortune” in criminal law, whose serious inclusion in disputes over the nature of guilt can change the perception of the principle of subjective criminal liability developed over the centuries. The concept of moral luck given by contemporary philosophy, including Williams and Nagel, demands a reinterpretation of the concept of guilt based on free will and the principle of human control from a philosophical perspective. The article also suggests the possible use of “moral luck argument” in the application of criminal law.

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