Celebrating as a circumstance excluding criminal liability

Abstract

Regardless of their nature, holidays are a time to which society has assigned a special role. Celebrating them may sometimes be associated with performing deeds that fulfil the description of a crime or offence. However, criminal law protects society against negative factors, so celebrating a holiday, and thus acting in a socially acceptable manner is fundamental for determining the criminal liability of the perpetrators. The study presents the importance of activities related to celebrating holidays in determining
the criminal liability of perpetrators of certain prohibited acts, especially in terms of specifying their motivation and the manner of action. The doctrinal dispute concerning a custom as a circumstance excluding criminal liability was, as well as the problematic nature of its application in Polish jurisprudence, are outlined at the outset. Subsequently, the influence of the celebration on determining the harmfulness of an act is discussed, which, due to the specificity of customs as grounded in social morality, should be an important circumstance for institutions conducting the proceedings. Several auxiliary premises are also formulated that may apply in the proceedings of the discussed nature. At the end, it is emphasized that committing a prohibited act involves the fulfilment of all its features. Sometimes this may not be the case due to the intention of the actors being different from the pertinent ones.