Ewolucja regulacji dotyczącej błędu co do znamion typu podstawowego w polskich kodyfikacjach karnych

Abstrakt

The evolution of regulation of the mistake of fact in Polish criminal codes

The subject of the article is the problem of the mistake of fact in Polish criminal law from historical perspective. It discusses the regulation concerning the mistake of fact in Polish criminal codes of 1932, 1969, 1997 and shows the evolution of this structure. The author puts particular emphasis on the amendments to the section 28th of the Polish Criminal Code of 1997 which were proposed between 2013 and 2015. In the conclusion he criticizes the contemporary shape of the section and gives his own proposal for the amendment in this regulation which limits it only to non-intentional criminal acts and distinguishes properly guilty mind and mens rea which is essential in the light of the normative theory of guilt.