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Commentary on the Verdict of the Court of Appeal in Szczecin of April 26, 2017 (II AKa 191/16, LEX No. 2295144)

  
@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}
}