KILKA UWAG O RELACYJNYM UJĘCIU WINY W PRAWIE KARNYM

Abstract

The aim of the article is to order the views on the relational view of fault expressed so far in the Polish literature, as well as engage in polemic against some authors and point out some relevant aspects not discussed so far. The author dismisses the popular criticism of positioning the culpability relation on the axes of the subject’s behaviour and the legal system. Perceiving the relation bearing criminal responsibility probably gives more interesting implications than maintaining that this relation occurs between the offender and the offence. The Author also postulates that the relational view of fault can be made consistent with the so-called pure normative view, remaining in opposition to the psychological and comprehensive views. This is the point where this sort of relational view differs significantly from the view referring to the relation „subject-act”, as this latter approach is more consistent with the psychological or comprehensive theory of fault, and it is not really in line with the pure normative view. The Author supports the view about the ambiguity of the concept of fault in the criminal law.