Gloss to the judgment of the Court of Appeal in Katowice on 14 January 2016. (II AKA 493/15)

Abstract

Subject of the study is a thesis put forward by the Katowice Court of Appeal in its judgment on 14 January 2016 and included therein issues concerning crime of passion in Polish Criminal Law (Article 148 § 4 Criminal Code of Poland). Katowice Court of Appeal in its judgment referred to criteria of assessment of the state of strong affection, as well as causes which can justify this affect. Moreover, the thesis of the judgment covered certain questions about the strength of the emotional explosion, which should feature the affect that it could have any implications for criminal law and assessment of the behavior of the perpetrator. Therefore, these issues also have been done the merits of this study, in which, in principle was expressed the position of accepting most of the arguments put forward by the Katowice Court of Appeal in its judgment of 14 January 2016.