[Homicide in affective states and the problem of responsibility].
The penal code dated April 19th 1969 allows for three privileged types of manslaughter: manslaughter under strong emotional disturbance (art. 148 sections 2), infanticide (art. 149) and euthanasia for request (art. 150). The first two types of manslaughter are the discussed the third one is neglected because only the general problems of soundness of mind, non-accountability and greatly diminished accountability (art. 25 penal code) refer to them. In the situation when strong emotional disturbance exists (so called physiologically conditioned emotional disturbance) from art. 148 sections 2 penal code and one of the mentioned states mentioned in art. 25 penal code (mental deficiency, mental disease, other mental disorders) results in greatly diminished accountability and the cumulative qualification from art. 148 sections 2 and art. 25 sections 2 penal code will be admissible. As far as infantcide is concerned, the following opinion has been expressed that physiologically proper childbirth does not cause disconnection or restriction of soundness of mind. But in the case of psychological disorders such possibility cannot be excluded. The author postulates a wide participation of experts in psychology and psychiatry in cases prosecuted under art. 148 sections 2 penal code and art. 149 penal code.
Tarnawski
M
M
Katedry Prawa Karnego Uniwersytetu im. Adama Mickiewicza w Poznaniu.
D000339:Affect; D003416:Criminal Law / Q000331:legislation & jurisprudence*; D006708:Homicide / Q000331:legislation & jurisprudence*; D006801:Humans; D011044:Poland
Zabójstwa uprzywilejowane a problematyka poczytalności.