Monitor Prawniczy

no. 4/2016

Korzystanie z fachowej pomocy prawnej jako przyczyna błędu co do prawa

Emil Smogorzewski
Adwokat, doktorant WPiA Uniwersytetu Warszawskiego.
Abstract

The legal principleignorantia iuris nocet (not knowing the law is harmful) does not seem obligatory at present. Ignorance of the illegality of an act exculpates the perpetrator, but only in exceptional circumstances. Wrong legal advice can be regarded as justifiable grounds for ignorance of the unlawfulness of a prohibited act. There are two issues relevant here; the complexity of the legal issues, which is the subject of a legal opinion and the level of trust between the lawyer and the person using his services. Mistake of law (committed as a result of inaccurate legal advice) can include both; fallaciousness as to the illegality, as well as misapprehension of the constituent elements of a criminal act of a legal nature.