Manipulation as crime characterized by directional intention (dolus directus coloratus) – case commentary of the lawyers working in Wierzbowski and Partners Legal Advisors and Advocates

In the latest issue of Glosa (4/2018) appeared an article written by Prof. Marek Wierzbowski and Joanna Róg-Dyrda, Ph.D., regarding the judgment of the District Court for the Capital City of Warsaw in Warsaw on March 24, 2015, Ref. III K 41/15. In the judgment analyzed by the commentary court broke the current settled case law, assuming that the crime of manipulation of financial instruments can only be committed deliberately, with the directional intention. Although the judgment concerns repealed regulations containing a definition of manipulation, the theses contained in the justification remain valid also in relation to the existing legislation. Importantly, the court rule out the possibility committing manipulation of financial instruments as a result of another act, in a situation in which the accused didn’t act with the intent to commit a criminal offence.