The Military Origins of Penal Liability for Causing a Road Accident in Polish Penal Law, according to the Penal Code of the Polish Army of 1944

DOI: https://doi.org/10.24040/sap.2023.10.1.21-31

Citácia:  SZCZYGIEŁ, T. 2023. The Military Origins of Penal Liability for Causing a Road Accident in Polish Penal Law, according to the Penal Code of the Polish Army of 1944. In Štát a právo [online]. 2023, vol. 10, no. 1. pp. 21-31 [cit. dátum citovania]. ISSN 2644-643X. Available at: https://doi.org/10.24040/sap.2023.10.1.21-31  

Abstrakt:  The aim of the article is to present the impact of military criminal law on the development of the rules of criminal liability for causing a road accident in Poland in the second half of the 20th century. The fundamental question that guides the considerations undertaken here is whether and, if so, how the military criminal law influenced the development of the principles of criminal liability for traffic offences. The analysis of legal provisions and jurisprudence showed that the post-war provisions of Polish military law were a source of inspiration for developing common criminal law, which applies to road crimes. The offence of causing an accident from art. 144 The Penal Code of the Polish Army of 1944 was implemented for the ordinary judiciary only in the Penal Code of 1969. Until then, there was legal chaos in the ordinary judiciary.

Kľúčové slová:  penal law, Penal Code of the Polish Army, People’s Poland