
The commentary deals with in a case related to exposure to danger during the COVID-19 pandemic due to the unauthorized departure of an infected person from the hospital. The court's ruling was criticized therein. According to the author, the court adopted an incorrect legal classification of the perpetrator's behavior, applying art. 161 § 2 of the Polish CC and the structure of a continuous act (art. 12 q 1 of the Polish CC). However, he did not consider accepting an attempted crime, or qualifying it under Art. 165 § 2 of the Polish CC.