https://doi.org/10.31261/PPK.2026.10.02.04
This article constitutes a critical polemic against Kamil Łakomy’s proposal to apply the computatio naturalis method in determining the age of a perpetrator of a criminal offense. The author argues that rejecting the rules set out in Articles 110 and 112 of the Civil Code in favor of reasoning by analogia iuris is methodologically unjustified and undermines the coherence of the legal system. The author further contends that the application of the computatio civilis method of age calculation would not amount to the use of analogy in criminal law. On the contrary, according to the author of the polemic, such an approach would be consistent with the legislator’s intent and therefore could not be regarded as an inadmissible analogy operating to the detriment of the offender. The author also rejects the claim that “the application of Article 112, second sentence, of the Civil Code in the field of substantive criminal law will, as a rule, lead to an extension of the limits of criminal liability.” In the author’s view, such application would merely result in establishing the actual limits of criminal liability through a proper interpretation of the legal text.
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2026
Published: 2020-10-09
10.31261/PPK
This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.
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English