Odpowiedzialność sprawcy wypadku drogowego ze skutkiem śmiertelnym za zabójstwo w typie podstawowym (art. 148 § 1 Kodeksu karnego)

Abstract

The article deals with the issue of the possibility of prosecuting the person who caused a road accident in which the victim died for homicide in the basic form. In specific facts of cases, it is reasonable to conclude that an intention (dolus eventualis) to cause a possible fatal outcome can be attributed to the driver, which excludes liability for vehicular homicide. For this purpose, selected case law of ordinary courts and the views expressed in literature presented with regard to the dolus eventualis of the perpetrator of the offence are analysed. In situations of gross violation of road traffic rules on the basis of circumstances objectively justifying a high degree of probability of a given effect, the perpetrator should be held more strictly responsible for the offence.