Abstrakt

The gloss critically discusses the judgment of the Appellate Court in Wrocław, controversial in the author’s opinion, which found the hitter of a pedestrian, earlier running away from the police, guilty not on causing a fatal road accident but of a dolus eventualis homicide. Finding the defendant guilty the court based its decision of the theory of indifference which in the opinion of the author should not have been applied because the act specified as a road accident is always an unintentional offence, and the incident concerned the driver of a motor vehicle which was moving, which resulted in a concrete danger, but consenting to death of a man would be a too far reaching conclusion. Further on, the author makes de lege ferenda proposals aimed at eliminating from Chapter XXI of the Penal Code the provision which violate the constitutional principle of legal certainty covering – in the author’s opinion – a number of offences of a non-formal nature.