Abstract
The article suggests a solution to the problem of understanding the truth in the act of administering a penalty. The guidelines contained in Article 53 of the Criminal Code are used as normative grounds for the presented reflections. In order to explain the links between understanding the titular act and the assumed non-positivist concept of law, full theory of law was used as far as possible. The concepts mentioned in the article (i.e. non-positivist concept of law and complete theory of truth) seem to be commonly applied in the Poznan-Szczecin school of law. The article assumes that the most proper way to achieve the goal is a notion that is present in criminal law studies: the principle of substantive truth and its philosophical foundations. It cannot be arrived at without taking into account individual factors, in particular a coherent picture of the world, which is a product of a coherent personality of a given judge. This results from the particularities of learning the truth in a court trial, where the adjudicating judge’s comprehensive knowledge about the cognitive processes has to be taken into consideration.
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