@article{SIL6365,
author = {Magdalena Budyn-Kulik},
title = {Commentary on the Verdict of the Court of Appeal in Szczecin of April 26, 2017 (II AKa 191/16, LEX No. 2295144)},
journal = {Studia Iuridica Lublinensia},
volume = {27},
number = {2},
year = {2018},
keywords = {motive that deserves special condemnation; dolus directus; dolus eventualis},
abstract = {Court of Appeal in Szczecin, in its decision of April 26, 2017 (II AKa 191/16, LEX No. 2295144), acknowledges that a wrong-doer did his act in a direct intention. According to the Court, killing a closely related person out of greed is a “motive that deserves special condemnation”. The commentary is of a mixed character: it partially approves, partially criticizes the verdict. Positive aspects are: recognition of a greed motive as a motive that deserves special condemnation (in abstracto) and an attempt at describing the motive background of the act. Critical part deals with basic issues, decision-making process of the court. The verdict is an example of lack of court’s ability to explain the way of prescribing mens rea.},
pages = {145} doi = {10.17951/sil.2018.27.2.145},
url = {https://journals.umcs.pl/sil/article/view/6365}
}