O POJMOWANIU DOBROWOLNOŚCI JAKO WARUNKU CZYNNEGO ŻALU

Abstract

The article examines the criterion of voluntariness of the institution of “czynny żal” (active regret) in Polish criminal law. In the article the author critically examines the ideas and arguments presented by the representatives o f the “psychological approach” to the issue, who diminish the range of behaviors which could be described as voluntary. Therefore, he subscribes to the “normative approach” to voluntariness. In this text the author limits himself to pointing out why he considers the ’psychological approach argumentations to be internally erroneous and thus impossible to accept, staying aside from popular and widely used argumentation o f the “normative approach” representatives, focused on political-criminal rationale behind the institution of “czynny żal” as the whole and thus also behind voluntariness.