Kilka uwag na temat istoty tzw. błędu co do prawa (rozważania na tle polskiego prawa karnego)

Abstract

This paper tries to answer the question whether in order to exclude the criminal character of the perpetrator’s behaviour on the basis of Article 30, first sentence, of the Criminal Code [CC] it is enough that he/she be only (justifiably) unaware of the unlawfulness of that behaviour or whether in order for the provision to be applied it is necessary that he/she have a (justified) mistaken belief that a given behaviour is lawful? The findings presented in this paper were made on the basis of: (1) an analysis of normative material relating to the examined matters, more specifically, an analysis of the Act of 6 June 1997 – Criminal Code (Polish official journal Dz.U. 2018, item 1600 as amended); and (2) an analysis of views expressed in criminal law literature and case law. The conclusion drawn from the analyses is that on the basis of Article 30, first sentence, CC we do not have an actual case of departure from the ignorantia iuris semper nocet principle. In this case, ignorance of law is not excused. What is excused is only a mistaken belief about the law, which is only accompanied by the ignorance of law (being unaware of what the law actually is).