Published: 2021-12-26

Incitement under Polish Criminal Law

Rafał Kruk
Zeszyty Prawnicze
Section: Artykuły
https://doi.org/10.21697/zp.2021.21.4.05

Abstract

This article addresses incitement as a one of the forms of criminal complicity under the current regulations of the Polish Penal Code of 1997. I conduct a comprehensive analysis of all the elements of the incitement against the background of other phenomenal forms of complicity and present the general concepts of criminal liability for incitement, with special reference to Juliusz Makarewicz’s theory. In addition, I discuss the most important issues related to incitement which have generated divergence of opinion and controversies in the doctrine and case law. My article presents the causative forms of criminal cooperation as regulated by Art.18 § 1 of the Polish Penal Code, i.e. a crime committed by a single individual, conspiracy, the organisation and directing of the commission of a crime, and ordering the commission of a crime. My analysis also covers aiding and abetting as a phenomenal but, by contrast, non-practising form. Te main part of my article looks at incitement as a separate prohibited act, and includes a comprehensive discussion of all the elements of the objective and subjective side of this prohibited act. I have not overlooked issues relating to penalisation of abettors. I have also addressed the important issue of the “overlap” of incitement with the various stages in the commission of a forbidden act.

Keywords:

incitement; commission of a crime; concepts of liability; the effect of incitement; individualisation of liability; a crime committed by an individual.

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Citation rules

Kruk, R. (2021). Incitement under Polish Criminal Law. Zeszyty Prawnicze, 21(4), 119–153. https://doi.org/10.21697/zp.2021.21.4.05

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