Abstract

The article is an analysis of the judgment of the Court of Appeals in Białystok of 22 June 2015 (reference number II AKa 70/15) and its justification in determining the intent of the murderer and the appropriate legal qualification of the criminal offence. The author criticises the ruling of the Court, whom despite numerous doubts, adjudicate to the detriment of the perpetrator, who in court's opinion committed murder, while the analysis of the facts pointed that he has fulfilled attributes of the criminal offence as defined in art. 156 § 3 of the Criminal Code. The subject of criticism are also the facts, that the judgment was issued solely on the basis of the circumstances of the event, as well as justification of the volitional side with the existence of an intellectual side. At the same time, the author emphasises the similarity between the intellectual side of dolus eventualis and the intellectual side of carelessness.