Glosa do wyroku Sądu Apelacyjnego w Katowicach z dnia 19 października 2017 r. sygn. akt II AKa 303/17

The subject of the text is a reflection on the interpretation of the conditions for applying impunity clauses from art. 15 § 1 c.c. and art. 297 § 3 c.c., which occurred against the sentence of the Court of Appeal in Katowice. The focus is on dogmatic analysis of the concept of “voluntariness”, which is the subjective condition of the institution of active repentance. The author does not share the position of the appeal which is expressed in the decision. It is justified by the fact that in the realities of the facts there were circumstances allowing establishing premises excluding criminal liability. On the other hand, the argumentation motivating the position chosen does not indicate the exclusion of voluntary referred to in the aforementioned provisions. However, this statement may raise doubts about cases of a more complex nature and thus put an accent on slightly different factors in the court’s argumentation.