INTRODUCTION / 9
PART ONE
GENERAL PART OF CRIMINAL LAW
Chapter I. General principles of Polish criminal law / 13
§1 Principle of nullum crimen sine lege / 13
§2 Nulla poena sine lege principle / 15
§3 Principle of nullum crimen sine culpa / 16
§4 Principle of nullum crimen sine periculo sociali / 17
§5 Lex criminalis severior retro non agit principle / 18
§6 Principle of an individual’s liability for an offence / 19
§7 Principle of liability for intentional wrongful acts / 19
§8 Principle of humane treatment / 20
Chapter II. Elements of a crime / 23
§1 Conduct / 23
§2 Criminal conduct and its unlawfulness / 24
§3 Guilt / 24
§4 Social harmfulness of the act / 25
Chapter III. Forms of offence / 27
§1 Preparation and attempt / 27
§2 Accesories / 30
Chapter IV. Defences in criminal liability / 33
§1 Concept of justifications and excuses in criminal liability / 33
§2 Justifications / 33
§3 Excuses / 37
Chapter V. Penalties / 39
§1 Penalty of a fine / 39
§2 Restriction of liberty (community service or wage deduction) / 40
§3 Imprisonment / 42
Chapter VI. Penal, compensatory and forfeiture measures / 43
§1 Penal measures / 43
1. General characteristics / 43
2. Deprivation of public rights (Articles 39(1) and 40 of the Penal Code) / 44
3. Prohibition to hold a specific position/practice a specific profession/carry out specific business activity (Article 39 item 2 of the Penal Code and Articles 41§1 and 2 of the Penal Code) / 45
4. Prohibition to carry out activities related to the upbringing, treatment, education or care for minors (Articles 39(2a) and 41§1a and 1b of the Penal Code) / 45
5. Prohibition to hold a position or exercise a profession or work in state and local government bodies and institutions, as well as in commercial law companies in which the State Treasury or a local government unit holds, directly or indirectly through other entities, at least 10% of the shares or stocks (Article 39 item 2aa of the Penal Code and Articles 41§1aa and 1ab of the Penal Code) / 45
6. Prohibition to stay in certain environments or places, to contact certain persons, to approach certain persons or to leave a certain place of residence without the permission of the court (Article 39 paragraph 2b of the Penal Code and Article 41a of the Penal Code) / 46
7. Prohibition of entry to a mass event (Article 39 point 2c of the Penal Code and Article 41b of the Penal Code) / 47
8. Prohibition of entry to gambling establishments and participation in gambling games (Articles 39(2d) and 41c of the Penal Code) / 47
9. Temporary injunction to vacate premises occupied together with the victim (Articles 39(2e) and 41a(1) of the Penal Code) / 47
10. Driving ban (Article 39 point 3 of the Penal Code and Article 42 of the Penal Code) / 47
11. Dimension of criminal measures / 48
§2 Compensatory measures / 57
§3 Forfeiture / 61
Chapter VII. Severity of penalty / 67
§1 General principles and directives for the imposition of punishment and other measures / 67
§2 Institution of extraordinary leniency / 73
§3 Institution of extraordinary aggravation of penalty / 75
Chapter VIII. Probation and parole / 81
§1 Concept of probation / 81
§2 Conditional discontinuation of criminal proceedings / 81
§3 Conditional suspension of imprisonment / 83
§4 Conditional early release from imprisonment (parole) / 86
Chapter IX. Concurrence of laws and offences / 89
§1 Concept of concurrence of laws and offences / 89
§2 Concurrence of laws / 89
§3 Concurrence of offences / 91
§4 Rules for the imposition of a cumulative sentence / 93
Chapter X. Preventive measures / 95
Chapter XI. Criminal statute of limitations for offences and for the execution of the sentence imposed / 101
§1 Limitation on the punishability of offences / 101
§2 Limitation on execution of sentence / 103
Chapter XII. Obliteration of conviction / 105
PART TWO
SELECTED TYPES OF CRIMES
§1 Offences against life and health / 111
§2 Offences against public safety and safety of communication / 125
§3 Offences against liberty, dignity and bodily integrity / 135
§4 Offences against sexual freedom and morals / 143
§5 Offences against the family and guardianship / 149
§6 Offences against the activities of state and local government institutions / 155
§7 Offences against administration of justice / 161
§8 Offences against public order / 175
§9 Offences against protection of information / 193
§10 Offences against credibility of documents / 203
§11 Offences against property / 219
§12 Offences against business relations and interest in property in civil law transactions / 241
§13 Offences against money and securities trading / 257
