Criminal Liability for Accepting a Commission to Commit Murder

Abstract

This article examines issues of criminal liability arising from the acceptance of a commission to commit murder, as provided for in Article 148a § 1 of the Polish Penal Code. The newly introduced offence has been justified as a means of strengthening the protection of human life at a stage preceding conduct that directly endangers it. However, the interpretation of its statutory elements gives rise to serious doubts as to the justification for its operation within the Polish legal order. The purpose of this study is to identify the principal deficiencies of the offence and to assess whether its incorporation into the Penal Code was justified. The analysis addresses, in particular, the omission of criminalisation in cases where the acceptance occurs without remuneration, the potential tension with the principle cogitationis poenam nemo patitur , and the difficulty of distinguishing remunerated acceptance of a commission to commit murder from preparation to commit murder. The conclusions support the view that the criminalisation of accepting a commission to commit murder should be reconsidered and, ultimately, repealed.