Consent of the holder of a legal interest to risky behavior of perpetrator as a circumstance affecting the scope of criminal liability

Czasopismo Prawa Karnego i Nauk Penalnych Rok XXII: 2018, numer 2
Journal of Criminal Law and Penal Studies Volume XXII: 2018, No. 2

Dominik Zając - Ph.D., Chair of Criminal Law, Jagiellonian University, advocate trainee

---

Full text in PDF (open access)

 

 

Keywords

consent to a violation of the legal interest, voluntary consent, voluntary agreement

 

Summary

The article states that under certain conditions the consent of the holder of a legal interest may significantly affect the scope of criminal liability of the perpetrator. Depending on the type of legal interest, the nature of the attack, and the level of awareness on the side of the consenting person, it is possible to exclude the criminal liability or to limit its scope.