Criminal Law 2200-1A073

The lectures provide students with knowledge and understanding of nature and content of an offence, forms of criminal activity, grounds and principles of criminal liability as well as circumstances excluding criminal liability (justifications and excuses). The lectures bring up also issues connected with penalty as such, including i.a. catalogue of penalties and penal measures, principles of imposing penalties. Apart from general questions of criminal law, topic of lectures includes individual types of offences and criminal liability for these offences.

Practical classes on substantive criminal law are to equip students with understanding of general and particular part of the penal code as well as with basic institutions of the military penal code. Apart from general theoretical knowledge, during practical classes students will have opportunity to work on cases which will give them understanding of practical functioning criminal law norms within administration of justice.

Lectures and practical classes include the following topics:

Introductory issues of criminal law

1. Criminal law in contrast to other fields of law and academic disciplines; 2. Functions of the criminal law;
3. Principles of the criminal law;
4. Schools in criminal law;
5. Theory of criminalisation;
6. Criminal code and its application
I. Sources of Polish criminal law;
II. Interpretation of criminal law provisions;
III. Criminal law being in force as to the time;
IV. Criminal law being in force as to the place and persons;
V. Immunities

Criminal Responsibility

1. General understanding of an offence
I. Definition of an offence;
II. Offence as a human act;
III. Prohibited act. Statutory features of an offence;
IV. Unlawfulness;
V. Fault;
VI. Social significance;
VII. Types of offences
2. Structure of crime
I. Subject;
II. Actus reus;
III. Forms of an act;
IV. Omission;
V. Consequences. Causal nexus;
VI. Mens rea;
VII. Forms of an intentional fault;
VIII. Additional features of intention. Special intent offences;
IX. Forms of a unintentional fault;
X. Mixed fault;
XI. Object of an offence
3. Forms of criminal participation
I. Perpetration. Accomplishment. Direction the commission of an offence;
II. Instigation , aiding and abetting;
III. Liability of an instigator or aider and abettor;
IV. Forms of an offence;
V. Preparations;
VI. Attempt
4. Excluding criminal liability
5. Justifications
I.Self-defence;
II. Necessity (lesser of two evils);
III. Acting according to ones’ competences or duties;
IV. Consent of the wronged person (consent of a person having the protected good at his/her disposal);
V. Medical treatment;
VI. Reprimanding minors;
VII. Sport risk;
VIII. Innovation risk;
IX. Last need;
X. Custom
6. Excuses
I. Incapability;
II. Significantly diminished capability;
III. Bringing by the perpetrator themselves to a state of or intoxication;
IV. Insobriety;
V. Error as to the fact;
VI. Unawareness of act unlawfulness (error as to the law);
VII. Error as to a lawful excuse or a circumstance excluding fault;
VIII. Superior command.
7. Social insignificance of an act
8. Concurrent offences and concurrent statutory provisions
I. Concurrent offences. Joint penalty;
II. Concurrent statutory provisions

Punishment, penal measures and preventing measures

1. Introductory issues
I. Definition of the punishment;
II. Theories of the punishment
2. System of criminal punishment
I. Catalogue;
II. Fine;
III. Restriction of liberty;
IV. Deprivation of liberty;
V. Deprivation of liberty for life and for 25 years;
VI. Question of a death penalty.
3. Penal measures
I. Deprivation of public rights;
II. Interdiction preventing the occupation of specific posts, the exercise of specific professions or to engage in specific economic activities;
III. Interdiction preventing to engage in specific economic activities in relation to minors;
IV. Interdiction preventing to perform specific activities;
V. Interdiction on entering a mass event;
VI. Interdiction on driving vehicles;
VII. Forfeiture of items or of the material benefits;
VIII. Making the sentence publicly known;
IX. Supplementary payment and pecuniary consideration;
X. Obligation to redress the damage. Return of benefit.
4. Abstaining from punishment of the perpetrator
I. Being not subject to penalty;
II. Abolition;
III. Penalty renouncement;
IV. Conditional discontinuance of criminal proceedings
V. Discontinuation of criminal proceedings under art. 59a
5. Court’s imposition of punishment
I. Principles of court’s imposition of punishment and penal measures;
II. Directives of court imposition of punishment;
III. Aggravation of a statutory punishment;
IV. Extraordinary mitigation of punishment;
V. Change of punishment to less severe;
VI. Conditional suspension of punishment execution.
6. Change of the imposed punishment
I. Conditional release;
II. Replacement punishment and change of punishment during their execution;
III. Reprieval. Amnesty
7. Preventive measures
I. Nature of preventive measures;
II. Application of preventive measures;
III. Preventive measures of an administrative character
8. Prescription. Expunction of the sentence
I. Prescription;
II. Expunction of sentence.

Individual offences

1. Offences against peace, humanity and war crimes;
2. Offences against the Republic of Poland;
3. Offences against defence capability;
4. Offences against life and health;
5. Offences against public safety;
6. Offences against safety in traffic;
7. Offences against the environment;
8. Offences against liberty;
9. Offences against sexual liberty and decency;
10. Offences against the family and guardianship;
11. Offences against honour
12. Offences against employee’s rights;
13. Offences against functioning of the state and local government institutions;
14. Offences against the administration of justice;
15. Offences against elections and referenda;
16. Offences against public order;
17. Offences against the protection of information;
18. Offence against the credibility of documents;
19. Offences against property;
20. Offences against business transactions;
21. Offences against the circulation of money and securities.