Gloss to the decision of the Polish Supreme Court of March 16, 2017, case file no. IV KK 57/17 (critical)
The article is a critical analysis of the problem raised by the Polish Supreme Court in the decision of March 16, 2017, case file no. IV KK 57/17, related to the possibility of the influence on criminal liability of the circumstance in the form of the origin of the perpetrator of a criminal activity coming from a different cultural background. The considerations carried out focus on the goal in the form of answering the question of the possibility of accepting the indicated circumstance as a justification for the foreigner’s error as to the unlawfulness of their behavior. Normative support for the considerations carried out is Article 30 of the Polish Penal Code, which regulates the consequences of the occurrence of the so-called error as to the law.
