Published: 2020-07-30

A Comment on the Verdict of the Court of Appeal for Szczecin of 13 December 2018, II AKA 179/18

Olga Sitarz
Zeszyty Prawnicze
Section: Glosy
https://doi.org/10.21697/zp.2020.20.2.16

Abstract

This paper is a comment on the judgment of the Court of Appeal for Szczecin on 13 December 2018, which ruled that Art. 15 § 1 of the Polish Criminal Code does not give grounds making immediate action to prevent the occurrence of an effect a necessary condition. I concur with this judgment and attempt to clarify the wording of the relevant passage of the Criminal Code. I go on to present a criticism of distinctions made between completed and unfinished attempts, and the consequences which come of such distinctions. Another issue analyzed in this paper is the mechanism for the penalization of qualified attempts attended by “active regret.”

Keywords:

active regret; attempt; completed and incomplete attempt.

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Citation rules

Sitarz, O. (2020). A Comment on the Verdict of the Court of Appeal for Szczecin of 13 December 2018, II AKA 179/18. Zeszyty Prawnicze, 20(2), 303–318. https://doi.org/10.21697/zp.2020.20.2.16

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