zawinienie na przedpolu czynu

English translation: culpable act or conduct occurring/that occurs prior to (the commission of) an offence

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Polish term or phrase:zawinienie na przedpolu czynu
English translation:culpable act or conduct occurring/that occurs prior to (the commission of) an offence
Entered by: Robin Gill

09:14 Jan 14, 2020
Polish to English translations [PRO]
Law/Patents - Law (general) / Criminal Law
Polish term or phrase: zawinienie na przedpolu czynu
From a book on criminal law and responsibility.

"Przestrzeń legitymizacji etycznej winy zauważalna jest także w kontekście tzw. zawinienia na przedpolu czynu, analizowanego na gruncie art. 31 § 3 k.k
Robin Gill
Poland
Local time: 20:28
culpable act or conduct occurring/that occurs prior to (the commission of) an offence
Explanation:
zawinienie - culpable act or conduct
na przedpolu - occurring prior to sth / preceding sth / prior to the commission of sth
czyn - act / action // here also: (criminal) offence / illicit/illegal/unlawful act // (the commission of) an offence

---
A. Actio Libera In Causa

One approach, actio libera in causa (a state resulting from voluntary action), is similar to the theory offered by Professor Robinson. According to this theory the actor is held responsible for voluntarily intoxicating himself and thus, for causing his incapacity.” The actio libera in causa theory is structured in the same manner as the already mentioned actio illicita in causa theory, however, the two theories are not identical. While the actio illicita in causa theory emphasizes the wrongfulness of the preceding conduct, the decisive point of the actio libera in causa theory is the actor’s responsibility in bringing about his incapacity. Unlike the actio illicita in causa theory, the actio libera in causa theory should be considered an officially recognized principle of German criminal law. The German Criminal Code does not provide for it, but courts and scholars have adopted it.”

An actio libera in causa offense can be committed either intentionally or negligently.“ For an actor to be held responsible for an intentional actio, he must act intentionally with respect to his intoxication as well as to the contemplated offense. When he commits the contemplated offense, he again must act intentionally. The actor is responsible for negligence if he causes his intoxication intentionally or negligently and if he realizes or could have realized the risk that while in such a condition he might commit an offense.
https://www.law.upenn.edu/institutes/cerl/conferences/actiol...

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Note added at 11 hrs (2020-01-14 20:15:28 GMT)
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na przedpolu actually means two things - sth occurring prior to and facilitating the commission of an offence

Option 2:
culpable act or conduct that (occurs prior to and) facilitates the commission of an offence
OR prior culpable act facilitating the commission...
Selected response from:

mike23
Poland
Local time: 20:28
Grading comment
Many thanks for the very extensive answer.
4 KudoZ points were awarded for this answer



Summary of answers provided
3culpable act or conduct occurring/that occurs prior to (the commission of) an offence
mike23
2mens rea
Frank Szmulowicz, Ph. D.
Summary of reference entries provided
Zawinienie na przedpolu czynu (wybrane zagadnienia)
geopiet

Discussion entries: 3





  

Answers


3 hrs   confidence: Answerer confidence 2/5Answerer confidence 2/5
mens rea


Explanation:
Mens rea (/ˈmɛnz ˈreɪə/; Law Latin for "guilty mind") is the mental element of a person's intention to commit a crime; or knowledge that one's action or lack of action would cause a crime to be committed. It is a necessary element of many crimes.
https://en.wikipedia.org/wiki/Mens_rea

ccccccccccc
mens rea (ˈmɛnz ˈreɪə)
n
(Law) law a criminal intention or knowledge that an act is wrong. It is assumed to be an ingredient of all criminal offences although some minor statutory offences are punishable irrespective of it.
https://www.thefreedictionary.com/mens rea

Frank Szmulowicz, Ph. D.
United States
Local time: 14:28
Works in field
Native speaker of: Native in EnglishEnglish, Native in PolishPolish
PRO pts in category: 1246
Login to enter a peer comment (or grade)

8 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
culpable act or conduct occurring/that occurs prior to (the commission of) an offence


Explanation:
zawinienie - culpable act or conduct
na przedpolu - occurring prior to sth / preceding sth / prior to the commission of sth
czyn - act / action // here also: (criminal) offence / illicit/illegal/unlawful act // (the commission of) an offence

---
A. Actio Libera In Causa

One approach, actio libera in causa (a state resulting from voluntary action), is similar to the theory offered by Professor Robinson. According to this theory the actor is held responsible for voluntarily intoxicating himself and thus, for causing his incapacity.” The actio libera in causa theory is structured in the same manner as the already mentioned actio illicita in causa theory, however, the two theories are not identical. While the actio illicita in causa theory emphasizes the wrongfulness of the preceding conduct, the decisive point of the actio libera in causa theory is the actor’s responsibility in bringing about his incapacity. Unlike the actio illicita in causa theory, the actio libera in causa theory should be considered an officially recognized principle of German criminal law. The German Criminal Code does not provide for it, but courts and scholars have adopted it.”

An actio libera in causa offense can be committed either intentionally or negligently.“ For an actor to be held responsible for an intentional actio, he must act intentionally with respect to his intoxication as well as to the contemplated offense. When he commits the contemplated offense, he again must act intentionally. The actor is responsible for negligence if he causes his intoxication intentionally or negligently and if he realizes or could have realized the risk that while in such a condition he might commit an offense.
https://www.law.upenn.edu/institutes/cerl/conferences/actiol...

--------------------------------------------------
Note added at 11 hrs (2020-01-14 20:15:28 GMT)
--------------------------------------------------

na przedpolu actually means two things - sth occurring prior to and facilitating the commission of an offence

Option 2:
culpable act or conduct that (occurs prior to and) facilitates the commission of an offence
OR prior culpable act facilitating the commission...

mike23
Poland
Local time: 20:28
Specializes in field
Native speaker of: Native in PolishPolish
PRO pts in category: 781
Grading comment
Many thanks for the very extensive answer.
Login to enter a peer comment (or grade)




Reference comments


1 hr peer agreement (net): +2
Reference: Zawinienie na przedpolu czynu (wybrane zagadnienia)

Reference information:
https://czpk.pl/wideo/zebrania-naukowe-katedry-prawa-karnego...

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Note added at 1 hr (2020-01-14 10:20:10 GMT)
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Article 31 § 1

does not commit a crime, who, by reason of mental illness, mental retardation or other mental disturbance activities, could not act in time to recognize its significance or to direct his actions. - https://www.unodc.org/res/cld/document/pol/1997/penal_code_h...

geopiet
Native speaker of: Native in PolishPolish
PRO pts in category: 460

Peer comments on this reference comment (and responses from the reference poster)
agree  Frank Szmulowicz, Ph. D.
2 hrs
agree  mike23
7 hrs
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