Outline of polish criminal law

This book presents to the readers the outline of the basic principles of Polish criminal law. In the general part, it discusses the fundamental institutions, including penalties, penal, probation and security measures. The main types of crimes in the special part of the Polish Penal Code are also presented. Thanks to this approach, the foreign reader can get to know the system of Polish criminal law. The book will be useful not only for those who scientifically deal with comparative research in the field of criminal law, but also for foreign solicitors, judges and prosecutors who will come into contact with Polish criminal law in their daily work.

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

Violetta Konarska-Wrzosek

Jerzy Lachowski

Agata Ziółkowska