Differentiating a homicide from an unfortunate accident during a fall from a height in mountain conditions with an incident from Kasprowy Wierch as an example – forensic, consultative and judicial remarks

Piotr Tomasz Arkuszewski

Zakład Chirurgii Doświadczalnej Uniwersytetu Medycznego w Łodzi
http://orcid.org/0000-0002-7151-7547

Zbigniew Wardak

Zakład Postępowań Karnych Szczególnych i Kryminalistyki Uniwersytetu Łódzkiego
http://orcid.org/0000-0002-6475-3082

Abstract

The history of Polish forensics details a few murders that have been committed on mountain trails; however, it also notes one case where foul play was suspected in a fatal fall from a height, but could not be proven. Ultimately, it
was assumed that an unfortunate accident had occurred.
The aim of the study is to examine the difficulties associated with trying to prove whether a deadly fall off a mountainside was homicide or an unfortunate accident, taking the example of a real life case in the Polish Tatra
Mountains. In the absence of witnesses or any other evidence, it is extremely difficult to prove criminal intent in the case of a fall into a mountain abyss. In such cases, differentiating a homicide from an unfortunate accident requires a long procedure with a range of activities.

Keywords:

mountains, injuries, homicide, unfortunate accident.