Polish courts have declared several perpetrators of brutal murders not criminally responsible, sending them to psychiatric treatment instead of prison.
Understanding Non-Imputability in Criminal Law
In criminal law, non-imputability means that while a person has actually committed a prohibited act, they cannot be held legally responsible. This does not, however, mean immunity from consequences. The perpetrator does not go to prison but is placed in isolation combined with treatment, usually in a forensic psychiatric facility.
According to Prof. Heitzman cited by Gazeta.pl, “A non-imputable person does not commit a crime, but is subject to legal regulations designed to protect society.” The isolation has no predetermined time limit and may last for years or even a lifetime if the threat does not subside.
Case Study: Warsaw University Murder
Such a court ruling was issued in the case of a brutal murder at Warsaw University, where a 22-year-old law student attacked a 53-year-old porter with an axe. The woman died at the scene. A university staff member who intervened was seriously injured.
On February 9, 2026, the Warsaw Regional Prosecutor’s Office announced that Mieszko R., suspected of the murder at Warsaw University, had been declared not criminally responsible. The victim’s family representatives stated that “the family is familiar with the conclusions of expert opinions indicating the perpetrator’s lack of criminal responsibility at the time of the act.”
Other Cases of Non-Imputability
In January 2019, police were called to a building on Warsaw’s Wola district. A 19-year-old Maximilian told them, “You’re here for me.” Several days earlier, he had moved in with his grandparents at his mother’s request, hoping he would regain calm after leaving a psychiatric hospital.
When his grandmother returned home with his mother, the grandson led her to his grandfather’s door. “I advise you not to go in because I just stabbed him and he’s lying in blood,” he said. Police secured a knife with a 7.5 cm blade. Maximilian did not deny the crime and described everything in detail.
Paranoid Syndrome and Real Danger
Although his explanations were logical, experts diagnosed paranoid syndrome and a real danger that he might kill again. The investigation was discontinued, and the 19-year-old was placed in isolation, where he remains to this day.
In other cases, such as that of Jan B. who attacked and killed a man in a church, and Paweł, a soldier who attacked his pregnant wife killing their unborn child, courts also declared the perpetrators not criminally responsible due to mental illness and sent them to forensic psychiatric facilities.
Statistics and Expert Opinions
Although brutal crimes create the impression that their perpetrators must be mentally ill, statistics show otherwise. Only two out of 100 examined perpetrators have completely diminished criminal responsibility. In about 20% of cases, responsibility is limited. The rest know exactly what they are doing.
Non-imputability causes objections from victims’ families and a social sense of injustice. However, Prof. Heitzman has no doubts: faking illness is practically impossible, and experienced experts can detect any attempt at manipulation.
