The Penal Code
of 6 June 1997 r. (Dz.U. No. 88, Item. 553)
(sprost.:Dz.U. 1997, No. 128, Item. 840)
The general part
Chapter I. Principles of criminal responsibility
Art. 1. [Conditions of liability]
§ 1. This is subject to criminal liability only, who commits a criminal offense by statute in force at the time of its commission.
§ 2. Not an offense offense, which is insignificant social harmfulness.
§ 3. No offense, the offender commits the offense, if it can not be held liable at the time of the act.
Art. 2. [Consequential offense by omission]
Criminal liability for an offense committed by omission and effect shall be the only, to who was under a legal, special duty to prevent such an effect.
Art. 3. [The principle of humanity]
Penalties and other measures provided for in this code shall apply to humanitarian principles, in particular, with respect for human dignity.
Art. 4. [Changing the Law]
§ 1. If, during the rule applies law other than at the time of the offense, apply the new law, However, the applicable law should be applied before, if it is favorable to the offender.
§ 2. If, under the new law covered by the act is punishable by a sentence, whose upper limit is lower than the sentence imposed, punishment inflicted is reduced to the top of the statutory minimum for such an act provided for in the new Act.
§ 3. If, under the new law covered by the act of judgment is no longer punishable by imprisonment, directed against a prison sentence becomes enforceable to a fine or penalty of restriction of liberty, assuming that one month imprisonment equal to the 60 rates of daily fines or 2 months of restriction of liberty.
§ 4. If, under the new law covered by the act of judgment is no offense, Instead of a conviction under the law.
Art. 5. [The principle of territorial]
Polish penal law shall apply to the perpetrator, who has committed a prohibited act on Polish territory, as well as the Polish vessel or aircraft, unless an international agreement, which the Republic of Poland is a party, otherwise.
Art. 6. [Time and place of the crime]
§ 1. Offense is considered committed in time, where the perpetrator acted or failed to act, to which he was obliged to.
§ 2. Offense is considered committed in a place, where the perpetrator acted or failed to act, to which he was obliged to, or where the effect of which is the mark of the offense occurred or at the perpetrator had the intention to be.
Art. 7. [Crime and vice]
§ 1. The crime is a crime or offense.
§ 2. Crime is an offense punishable by imprisonment for not less than years 3 or a more severe penalty.
§ 3. Vice is an offense risk a fine over 30 daily rates, penalty of restriction of liberty or imprisonment in excess of months.
Art. 8. [Intent and nieumyślność]
The crime can be committed only intentionally; You can also commit an offense unintentionally, unless a statute so provides.
Art. 9. [Develop]
§ 1. Offense is committed intentionally, if the offender has the intention of committing, it wants to commit, or providing for the possibility of his committing, it is permitted.
§ 2. Offense is committed negligently, if the offender with no intention of committing, However, it commits a result of failure to observe precautions required in the circumstances, although the possibility of a guilty foresaw or could foresee.
§ 3. The perpetrator is held stricter liability, Act which makes the specific consequences of an offense, if the consequence is anticipated or could have foreseen.
Art. 10. [Age]
§ 1. The principles set out in this code corresponds to the, who commits an offense after graduating 17 years.
§ 2.[1] Minor, that when completed 15 years commits a prohibited act specified in Article. 134, art. 148 § 1, 2 or 3, art. 156 § 1 or 3, art. 163 § 1 or 3, art. 166, art. 173 § 1 or 3, art. 197 § 3 or 4, art. 223 § 2, art. 252 § 1 or 2 and Articles. 280, may correspond to the rules specified in this code, if the circumstances of the case and the degree of development of the offender, its properties and personal conditions so warrants, and in particular, if you previously applied educational or corrective measures have been unsuccessful.
§ 3. In the case specified in § 2 the penalty imposed can not exceed the upper two thirds the statutory minimum provided for the perpetrators of the crime attributed to; the court may apply extraordinary mitigation of punishment.
§ 4. In relation to the perpetrator, who committed the offense after completing years 17, years before reaching the age 18, the court instead of penalties applied educational measures, or correctional treatment due to minors, if the circumstances of the case and the degree of development of the offender, its properties and personal conditions so warrants.
Art. 11. [Aggregation rules]
§ 1. The same act may constitute only one offense.
§ 2. If the act constitutes a set of two or more provisions of Penal Law, court sentences for a crime against all of converging provisions.
§ 3. In the case specified in § 2 the court shall impose a penalty under the provision providing for the most severe penalty, which does not preclude a judgment by other means provided in the Act on the basis of all concurrent legislation.
Art. 12. [Continuous act]
Two or more behaviors, taken at short intervals in the execution of preconceived intent, considered to be a prohibited act; if the object of attack is a personal right, requirement for a multiplicity of behaviors for a criminal offense is the identity of the victim.
Chapter II. Forms of crime
Art. 13. [Attempt]
§ 1. Responsible for the attempted, who with intent to commit a criminal act directly their behavior tends to make an, which, however, there is no.
§ 2. Attempts also occurs when, when the perpetrator does not realize, that it is impossible to make due to lack of subject suitable to the commission of the offense or for the use of the means are not suitable for the offense.
Art. 14. [Penality]
§ 1. The court shall impose the penalty for attempted within the limits of risk provided for the offense.
§ 2. In the case provided for in Article. 13 § 2 the court may apply extraordinary mitigation of punishment, and even renounce its imposition.
Art. 15. [Active grief and withdrawal]
§ 1. Not be punished for attempted, who voluntarily withdrew from or prevented such an effect to make up the mark of an offense.
§ 2. The court may apply extraordinary mitigation of punishment against the perpetrator, who voluntarily sought to avoid such an effect up the mark of an offense.
Art. 16. [Preparation]
§ 1. Preparation takes only, the offender to commit an offense shall act to create the conditions to take action aimed directly to make an, in particular, in that order to enter into an agreement with another person, obtains or prepares means, collects or makes an action plan.
§ 2. Preparation is punishable only if, when the statute so provides.
Art. 17. [Withdrawal]
§ 1. Not be punished for the preparation, who voluntarily withdrew from him, in particular, destroyed or prevented the ready means to make use of them in the future; in the event of entry into an agreement with another person to commit an offense, This is not punishable, Moreover, who took significant effort to avoid making.
§ 2. Not be punished for the preparation of an, to which Article. 15 § 1.
Art. 18. [Perpetration, aiding and abetting]
§ 1. Responsible for the perpetration not only the, who does the prohibited act alone or jointly and in collusion with another person, but also the, who supervise the implementation of an offense by another person or using another person's dependency on each other, recommend the performance of such action.
§ 2. It is responsible for instigating, whoever desires, that another person has made an offense, urges her to.
§ 3. Responsible for aiding, who with intent to, that another person has made an offense, their behavior makes it easier to commit, in particular by providing a tool, means of transport, providing advice or information; also responsible for aiding the, who, contrary to the legal, particular obligation to prevent the offense his omission facilitates the commission of another person.
Art. 19. [Penality]
§ 1. The court shall impose a penalty for instigating or aiding the limits provided for the perpetration risk.
§ 2. Imposing a penalty for aiding the court may apply extraordinary mitigation of punishment.
Art. 20. [Nieakcesoryjność responsibility]
Each of cooperating in the commission of an offense equivalent to the limits of their intent or nieumyślności regardless of responsibility of other interacting.
Art. 21. [Personal circumstances]
§ 1. Personal circumstances, excluding or mitigating or aggravating criminal liability, takes into account only by the person, which they relate.
§ 2. If the personal circumstance of the individual concerned, if only affecting the higher penality, is the mark of an offense, concurrent subject to criminal penalties provided for that offense, if he knew of that fact, even if it did not concern.
§ 3. In view of the cooperating, which does not concern the fact specified in § 2, the court may apply extraordinary mitigation of punishment.
Art. 22. [Akcesoryjność responsibility]
§ 1. If the offense attempted only, entity referred to in Article. 18 § 2 i 3 corresponds to the attempted.
§ 2. If the offense is not attempted, the court may apply extraordinary mitigation of punishment, and even renounce its imposition.
Art. 23. [Active grief]
§ 1. Not punishable by concurrent, who voluntarily prevented the making of an offense.
§ 2. The court may apply extraordinary mitigation of punishment in relation to cooperating, who voluntarily sought to avoid making a prohibited act.
Art. 24. [Provocation]
Is responsible for inciting the, who is to direct another person against prosecution urges her to commit a criminal act; in this case does not apply. 22 i 23.
Chapter III. The exclusion of criminal responsibility
Art. 25. [The defense needed]
§ 1. Do not commit a crime, who is in self-defense directly refutes, unlawful attack on any of the good protected by.
§ 2. In case of exceeding the limits of necessary defense, especially when the offender has applied to defend themselves to the danger of disproportionate attack, the court may apply extraordinary mitigation of punishment, and even renounce its imposition.
§ 3.[2] Is not punishable, who exceeds the limits of self-defense under the influence of fear or excitement circumstances justified the assassination.
§ 4.[3] Person, in self-defense which rejects any attack on the welfare of others protected by, protect the security or public order, enjoys legal protection provided for public.
§ 5.[4] The provision of § 4 not applicable, if the perpetrator of an act directed against a coup attempt to combat and defeat only hours in honor or dignity of the person.
Art. 26. [State of necessity]
§ 1. Do not commit a crime, who is working to repeal any imminent danger to the good of the protected right, if the danger can not otherwise avoid, devoted a good present value lower than the good of the victim.
§ 2. Do not commit this crime also, who, save the good protected by the conditions specified in § 1, welfare is given, which of course does not represent a value higher than the good of the victim.
§ 3. If you cross the frontiers of the state of necessity, the court may apply extraordinary mitigation of punishment, and even renounce its imposition.
§ 4. The provision of § 2 not applicable, if the offender is given the good, which has a special duty to protect, even with exposure to the risk of personal.
§ 5. The provisions of § 1-3 shall apply mutatis mutandis in the case, when the obligations imposed on the offender, only one can be satisfied.
Art. 27. [Experiment]
§ 1. Do not commit a crime, who works for the purpose of the experiment the cognitive, medical, technical or economic, if the expected benefit is important cognitive, medical or economic, and the expectation of achieving, desirability and the way the experiment is reasonable in light of current knowledge.
§ 2. The experiment is not permitted without the consent of the participant, which is performed, duly informed about the expected benefits and negative consequences of which threaten it and the likelihood of their formation, as well as the possibility of withdrawing from participation in the experiment at any stage.
§ 3. Terms and conditions of admissibility of the Act defines a medical experiment.
Art. 28. [Confusion as to the signs]
§ 1. Not intentionally commits an offense, who remains in error as to the facts constituting the mark.
§ 2. Liable under the provision providing for liability of the perpetrator of a lighter, who commits an act of justifiable mistaken belief, the fact that there is a stigma constituting an offense, from which such liability depends milder.
Art. 29. [Error as to the exclusionary]
Do not commit a crime, anyone who commits an offense under the mistaken belief justified, excluding the fact that there is illegality or guilt; if the offender is inexcusable error, the court may apply extraordinary mitigation of punishment.
Art. 30. [Ignorance of illegality]
Do not commit a crime, anyone who commits an offense excusable ignorance of the illegality; if the offender is inexcusable error, the court may apply extraordinary mitigation of punishment.
Art. 31. [Insanity and sanity limited]
§ 1. Do not commit a crime, who, because of mental illness, mental retardation or other interference with the operation of mental, could not act in time to recognize its significance or manage their behavior.
§ 2. If at the time of the offense the ability to recognize the importance of directing a criminal proceeding or was seriously limited, the court may apply extraordinary mitigation of punishment.
§ 3. The provisions of § 1 i 2 not applicable, when the perpetrator has put into a state of inebriation or intoxication resulting in the exclusion or limitation of sanity, which foresaw or could foresee.
Chapter IV. Penalties
Art. 32. [Catalog]
Much of:
1) fine,
2) restriction of liberty,
3) deprivation of liberty,
4) 25 years imprisonment,
5) life imprisonment.
Art. 33. [Fine]
§ 1.[5] Imposes a fine in daily, specifying the number of rates and the amount of one rate; unless the law provides otherwise, the lowest number of bids is 10, the highest 540.
§ 2. The court may also impose a fine addition to the penalty of imprisonment referred to in Article. 32 Item 3, if the offender has committed an act in order to gain financial or material benefit achieved when.
§ 3. In determining the daily rate, the court takes into account the income of the offender, his personal conditions, Family, property relations and the possibility of earning; daily rate can not be less than 10 gold, nor exceed 2000 gold.
Art. 34. [Restriction of freedom]
§ 1. If this Act provides otherwise, penalty of restriction of freedom takes the shortest months, the longest 12 months; It is inflicted in the months.
§ 2.[6] While serving a sentence of restriction of liberty convicted:
1) can not change without the consent of the court of habitual residence,
2) is required to perform unpaid, controlled for social work,
3) is obliged to provide explanations concerning the course of serving a sentence.
Art. 35. [Working for social purposes] [7]
§ 1. Unpaid, controlled for social work is performed in the dimension of 20 do 40 hours a month.
§ 2. In relation to an employed person, rather than the, referred to in Article. 34 § 2 Item 2, the court may order 10 do 25% remuneration for work in relation to the monthly social goals as indicated by the court; during the period of the sentence can not be convicted without the consent of the court to resolve employment relationship.
Art. 36. [Additional duties of supervision and]
§ 1. [8](repealed)
§ 2.[9] Imposing a penalty of restriction of liberty, the court may order to convict the obligations referred to in Article. 72.
§ 3. The provision of Article. 74 shall apply mutatis mutandis.
Art. 37. [Deprivation of liberty]
Term of imprisonment referred to in Article. 32 Item 3 takes the shortest months, the longest 15 years; It is inflicted in the months and years.
Art. 38. [The reduction and enhancement of the extraordinary]
§ 1. If the law provides for a reduction or an extraordinary tightening of maximum period of at, in the case of alternative risk penalties mentioned in Article. 32 Item 1-3 reduction or enhancement applies to each of these penalties.
§ 2.[10] Extremely stringent penalty may not exceed 810 daily fines, 2 years of restriction of liberty or 15 years imprisonment; impose the penalty of restriction of liberty in the months and years.
§ 3. If the law provides for a reduction maximum period of at, penalty imposed for an offense punishable by life imprisonment may not exceed 25 years imprisonment, a punishable offense 25 years of imprisonment not to exceed 15 years imprisonment.
Chapter V. The penalties
Art. 39. [Catalog] [11]
Criminal agents are:
1) deprivation of civil rights,
2) ban on holding a particular position, a specified profession or of an economic activity,
2a) prohibition of activities related to education, treatment, education of juveniles or the protection of their,
2b) obligation to refrain from being in certain environments or locations, prohibition on contact with certain persons, restraining orders to certain persons or banned from leaving a particular place of residence without the consent of the court,
2c) banning a mass event,
2d) banned from the game centers and participation in gambling,
2and) order to leave the premises jointly occupied with the victim,
3) driving ban,
4) forfeiture,
5) compensation for damages or compensation for damage suffered,
6) exemplary,
7) cash benefit,
8) give judgment to the public.
Art. 40. [Public Law]
§ 1. Deprivation of civil rights include the loss of active and passive voting rights for the public authority, local authority professional or economic, lose the right to participate in administering justice, and to act in the organs and institutions of state and local government or professional, held as well as the loss of military rank and return to the level of serial; deprivation of civil rights also includes the loss of orders, awards and honorary titles, and the loss of the ability to achieve them during the period of disqualification.
§ 2. The court may order the deprivation of civil rights in the event of a conviction to imprisonment for a term of years 3 for an offense committed for motives deserving special condemnation.
Art. 41. [Taking a Stand, practice]
§ 1. The court may order ban on holding a particular position or a particular profession, if the offender abused a position to commit a crime or profession, or was, that continued to take a stance or practice threatens the important property protected right.
§ 1a.[12] The court may order all or a ban on holding certain positions, exercise all or certain professions or activities, of educating, education, treatment of juveniles or the protection of their, forever in the event of a conviction to imprisonment for a crime against sexual freedom and decency to the detriment of a minor.
§ 1b.[13] Court rules ban, referred to in § 1 a, forever, if re-sentencing the offender under the conditions specified in this provision.
§ 2. The court may order the prohibition of an economic activity in the event of a conviction for an offense committed in connection with the conduct of such activities, if its conduct threatens further important property protected right.
Art. 41a. [Prohibition of contact, approximation, leaving the place] [14]
§ 1. The court may order an obligation to refrain from being in certain environments or locations, prohibition on contact with certain persons, restraining orders to certain persons, prohibited from leaving a particular place of residence without a court order or an order to leave the premises jointly occupied with the victim in the case of a conviction for an offense against sexual freedom and decency to the detriment of a minor and in the event of a conviction for an intentional crime of violence, including violence against the person closest; obligation or prohibition may be connected with the obligation to report to the Police or other designated authority at specified intervals.
§ 2. The court adjudicates obligation to refrain from being in certain environments or locations, prohibition on contact with certain persons, restraining orders to certain persons, prohibited from leaving a particular place of residence without a court order or injunction to leave the premises jointly occupied with the injured party in the event of a conviction to imprisonment without conditional suspension of execution for a crime against sexual freedom and decency to the detriment of a minor; obligation or prohibition may be connected with the obligation to report to the Police or other designated authority at specified intervals.
§ 3. The court may order an obligation to refrain from being in certain environments or locations, prohibition on contact with certain persons, restraining orders to certain persons or banned from leaving a particular place of residence without the consent of the court and for all if the re-sentencing the offender under the conditions specified in § 2.
§ 4. Ruling for restraining a person from, court indicates the distance from the protected persons, he is obliged to keep convicted.
Art. 41b. [No access to mass events ordered by a court] [15]
§ 1. The court may order, and in cases prescribed by law shall adjudicate, banning a mass event, if the perpetrator of the offense behavior indicates, that his participation in mass events threaten an important property protected right.
§ 2. No access to a mass event is connected with the obligation to appear in person at the Police organizational unit or in a place specified by the competent, due to the residence of the convicted person, commander of the district (District, urban) Police, during the event of mass.
§ 3.[16] Court, banned from holding mass events, specifies the types of public events, during which the convicted person is obliged to appear in person at local police, including the name of sports, names of sports clubs and the territorial scope of the predicate inside.
§ 4. No access to a mass event also relates to a football game being played by the Polish national team and Polish sports club outside Polish territory.
Art. 41c. [No access to gaming facilities and participation in gambling] [17]
§ 1. No access to gaming facilities and participation in gambling does not include participation in the sweepstakes promotion.
§ 2. The court may order the banning of the game centers and participation in gambling, in the event of a conviction for an offense committed in connection with the operation of games of chance, or share them.
Art. 42. [Driving]
§ 1. The court may order a ban on certain vehicles in the event of a participant in a conviction for an offense against traffic safety in traffic, particularly if the circumstances of the offense results, that driving the vehicle by that person threatens the safety of transport.
§ 2.[18] Court rules ban on all vehicles or vehicles of a particular type, if the offender at the time of the offense specified in § 1 was in a state of intoxication, under the influence of narcotic or fled from the scene of the incident referred to in Article. 173, 174 or 177.
§ 3.[19] Court rules ban on all vehicles and for all, if the offender during the commission of an offense referred to in Article. 173, the subsequent death of another person or serious damage to her health, or during the commission of an offense referred to in Article. 177 § 2 or Articles. 355 § 2 was intoxicated or under the influence of narcotic or fled from the scene, unless there is a special case, justified by special circumstances.
§ 4.[20] Court rules ban on all vehicles and for all if the re-sentencing a person driving a motor vehicle under the conditions specified in § 3.
Art. 43. [Deprivation of civil rights]
§ 1.[21] If this Act provides otherwise, deprivation of civil rights and prohibitions, and the order listed in Article. 39 Item 2, 2d, 2and the 3 rules in the years, from years to years 10, prohibitions and the obligation mentioned in Article. 39 Item 2a and 2b are predicated in the years, from years to years 15, and the prohibition in Article. 39 Item 2c rules in the years, years 2 do 6.
§ 2.[22] Deprivation of civil rights, obligation or prohibition shall apply from the validation of the decision; period, which means the sentence, not run-time imprisonment, even imposed for another offense.
§ 3. Ruling the prohibition in Article. 42, court imposes the obligation to return a license for driving; until the obligation period, to which non-adjudicated, not run.
Art. 44. [Forfeiture of] [23]
§ 1. The court shall order the seizure of items directly derived from the crime.
§ 2. The court may order, and in cases prescribed by law shall adjudicate, forfeiture of, which were used or were intended to commit a crime.
§ 3. If the confiscation specified in § 2 would be disproportionate to the seriousness of the offense, instead the court may order the forfeiture of the interest in the Treasury.
§ 4. If the confiscation specified in § 1 or 2 it is not possible, the court may order the forfeiture of the equivalent items coming directly from, or objects, which were used or were intended to commit a crime.
§ 5. Forfeiture of items specified in § 1 or 2 not be decreed, if they are returned to the wronged or other authorized entity.
§ 6. In the event of a conviction for an offense involving breach of the prohibition on the manufacture, have, marketing, transmission, transfer or carriage of certain items, the court may order, and in cases envisaged by the rules, the forfeiture.
§ 7. If the items listed in § 2 or 6 not owned by the offender, the forfeiture may be ordered only in cases provided for in the Act; if ownership rules for the forfeiture of the share belonging to the offender or the forfeiture of the equivalent of the share.
§ 8. Subject to forfeiture of the items become property of the Treasury at the time the judgment becomes final.
Art. 45. [Forfeiture of benefits] [24]
§ 1. If the offender has reached the moulting offense after §, even indirectly, a non-financial benefit forfeited items listed in Article. 44 § 1 or 6, the court shall order the seizure of such benefit or its equivalent. The forfeiture shall not be decreed, in whole or in part, if the benefit or its equivalent shall be reimbursed the victim or other entity.
§ 2. In the event of a conviction for an offense, from which the perpetrator has obtained committed, even indirectly, the substantial benefit, considered to be, that such property, that the perpetrator took the possession or to which it has obtained any title at the time of committing a crime or after the commission, until the time of judgment, even if invalid, provides the benefit of the crime, unless the perpetrator or other interested person shall submit evidence to the contrary.
§ 3. If the circumstances of the case indicates a high probability, that the perpetrator, referred to in § 2, moved to a natural, corporate or organizational unit without legal personality, in fact or under any legal title, property constituting the benefit of the crime, considered to be, that things that are in the possession of the person intrinsic or entity and exercise its property rights belong to the perpetrator, unless the person or agency shall provide proof of their lawful for.
§ 4. The provisions of § 2 i 3 also applies when making activities pursuant to the provisions of Article. 292 § 2 Code of Criminal Procedure, to secure the forfeiture of benefits and threatened with execution of this measure. The person or entity, for which the presumption established in § 3, may bring an action against the State Treasury to overturn this presumption; pending final resolution of the case enforcement proceedings shall be suspended.
§ 5. In case of co-ownership rules for the forfeiture of the share belonging to the offender or the forfeiture of the equivalent of the share.
§ 6. Material benefit is subject to forfeiture, or its equivalent becomes the property of the Treasury at the time the judgment becomes final, and in the case, referred to in § 4 The second sentence, upon the coming into force of the judgment dismissing the action against the Treasury.
Art. 46. [Compensation for damage] [25]
§ 1. In the event of conviction the court may order, and at the request of the victim or another person authorized hereby, compensation for damage caused offense in whole or in part or compensate for harm; civil law of limitations of the claim and the possibility of awarding a pension does not apply.
§ 2. Instead of the obligations set out in § 1 the court may order the interest in the victim.
Art. 47. [Injunctive] [26]
§ 1. In the event of sentencing for an intentional offense against life or health or for another offense intentional, leading to death of man, grievous bodily harm, impairment to bodily injury or health, the court may order the interest in the institution, Association, foundations, and social organization, entered in the list maintained by the Minister of Justice, whose primary function or purpose is to meet statutory benefits for purposes directly related to health care, intended for this purpose.
§ 2. In the event of a conviction for an offense against the environment, the court may order the interest in the institution, Association, foundations, and social organization, entered in the list maintained by the Minister of Justice, whose primary function or purpose is to meet statutory benefits for purposes directly related to environmental protection, intended for this purpose.
§ 3. In the event of a conviction for an offense referred to in Article. 173, 174, 177 lub art. 355, motor vehicle operator, if he was intoxicated or under the influence of narcotic or fled from the scene, the court may order the interest in the institution, Association, foundations, and social organization, entered in the list maintained by the Minister of Justice, whose primary function or purpose is to meet statutory benefits for purposes directly related to assistance to persons injured in traffic accidents, intended for this purpose.
Art. 47a. [27]
(repealed)
Art. 48. [The amount of exemplary] [28]
Injunctive predicated of the 100 000 gold.
Art. 49. [Cash benefit] [29]
§ 1. Refraining from imposing a penalty, and in cases prescribed by law, the court may order the cash benefit specified in Article. 39 Item 7 to institutions, Association, foundations, and social organization, entered in the list maintained by the Minister of Justice, whose primary function or purpose is to meet statutory benefits for a specific social purpose, directly related to the protection of a good offense of impaired or threatened, for which the offender was sentenced, intended for this purpose; This provision shall not exceed 20 000 gold.
§ 2. In the event of a conviction for an offense referred to in Article. 178a court may order the cash benefit specified in Article. 39 Item 7 to institutions, Association, foundations, and social organization, referred to in Article. 47 § 3, intended for the purpose directly related to assistance to persons injured in traffic accidents; This provision shall not exceed 60 000 gold.
Art. 49a. [List of social institutions] [30]
§ 1. Social organizations, foundations and associations, referred to in Article. 47, 49 § the 57th 2, must cover its activities throughout the country.
§ 2.Minister of Justice maintains a list of, institutions which shall be entered, community organizations, foundations and associations, referred to in Article. 47, 49 § the 57th 2. Inclusion in the list is made on the request of the entity. This list is published at least once a year, in the form of an announcement, in the Official Journal of the Ministry of Justice.
Art. 50. [Publication of judgment] [31]
The court may give judgment rule to the public in a certain way, if it deems it expedient, in particular because of the social impact of sentencing, does not infringe the interests of the victim.
Art. 51. [Notice of Family Court]
Court, Whereas, the deliberate judgment of deprivation or restriction of parental rights or child care in case of committing crimes against a minor or in cooperation with the, inform the competent family court.
Art. 52. [Return of assets]
In the event of a conviction for an offense generating a financial benefit to an individual, legal or organizational unit not having legal personality, committed by a perpetrator acting on its behalf or interest, court requires the entity, which received a financial benefit, to its return in whole or in part to the Treasury; does not apply to a financial benefit to be repaid to another entity.
Rozdział VI. Principles of sentencing and penal measures
Art. 53. [General Directive]
§ 1. The court shall impose a penalty at the discretion, within the limits provided by law, regardless, that her illness does not exceed the degree of fault, Having regard to the degree of social harmfulness and taking into account the objectives of preventive and educational, which is achieved in relation to the convicted, and the need to shape public legal awareness.
§ 2. Vengeance, the court shall assess in particular the motivation and behavior of perpetrators, offense together with the minor, nature and degree of violations duties imposed on the offender, type and size of the negative consequences of crime, Personal characteristics and conditions of the offender, way of life before the offense and his behavior after committing, especially carefully for damages or compensation in another form of social sense of justice, and the behavior of the victim.
§ 3. Vengeance on the court takes into account the positive results of the mediation between victim and perpetrator, or a settlement reached between them in proceedings before a court or prosecutor.
Art. 54. [Dimensions for the juvenile and adolescent]
§ 1. Vengeance on a minor or juvenile, the court directed the first, to educate the offender.
§ 2. The perpetrator, which at the time the offense is not completed 18 years, it does not give a penalty of life imprisonment.
Art. 55. [Individualization]
Circumstances affecting penalty takes into account only by the person, which they relate.
Art. 56. [Appropriate use of]
Articles. 53, art. 54 § 1 oraz Article. 55 shall apply accordingly to give other measures provided for in this code.
Art. 57. [Concurrence bases mitigate or restrictions]
§ 1. If there is some independent grounds for extraordinary mitigation or enhancement of a penalty, the court may sentence only once extremely mitigate or enhance, taking into account jointly the concurrent grounds for mitigation or enhancement.
§ 2. The concurrence of the grounds for extraordinary mitigation and enhancement, the court may apply extraordinary mitigation or enhancement of the penalty.
Art. 57a. [Injunctive] [32]
§ 1. Sentencing for the offense of a hooligan, the court shall impose the penalty provided for the offense attributed to the offender in an amount not less than the lower limit of the statutory risk increased by half.
§ 2.[33] In the case specified in § 1 court decides the interest in the victim, unless it decides to make good damage, compensation for the injury or the interest in the art. 46. If the victim has not been determined, the court may order the interest in the institution, Association, foundations, and social organization, entered in the list maintained by the Minister of Justice, whose primary function or purpose is to meet statutory benefits for a specific social purpose, directly related to the protection of a good offense of impaired or threatened, for which the offender was sentenced, intended for this purpose.
Art. 58. [Choosing the penalty]
§ 1. If the law provides a choice of penalties, court rules imprisonment without conditional suspension of its performance only, when another penalty or a penalty can not serve the purpose of punishment.
§ 2. Fines shall not be decreed, if the offender earnings, of the property or the possibility of earning justify conviction, that the offender does not pay the fine and it will not be available for download on execution.
§ 2a.[34] Of restriction of freedom for its obligation to, referred to in Article. 35 § 1, not be decreed, if the health of the accused or his personal characteristics and conditions warrant conviction, that the accused does not fulfill this obligation.
§ 3.[35] If the offense is punishable by imprisonment not exceeding 5 years, the court may order a prison sentence instead of a fine or penalty of restriction of liberty for years 2, in particular if the rules at the same time a penal; impose the penalty of restriction of liberty in the months and years.
§ 4.[36] The provision of § 3 does not apply to the perpetrator of a crime and hooligan offender referred to in Article. 178a § 4.
Art. 59. [Withdrawal] [37]
§ 1. If the offense is punishable by imprisonment not exceeding 3 years or milder type of punishment and social harm of the act is not significant, the court may waive the penalty, simultaneously decides if a penal, and purposes of punishment will be met by the measure.
§ 2. The provision of § 1 does not apply to the perpetrator of a crime hooligan.
Art. 60. [Extraordinary mitigation]
§ 1. The court may apply extraordinary mitigation of punishment in the cases provided for in the Act and in relation to juvenile, if justified by the considerations set out in Article. 54 § 1.
§ 2. The court may also apply an extraordinary mitigation of punishment in especially justified cases, when even the lowest penalty imposed for the offense would be disproportionately harsh, in particular,:
1) where the victim is reconciled with the perpetrator, damage has been repaired or the victim and the offender agreed to a remedy,
2) because of the attitude of the offender, especially when he was making arrangements for compensation or for the prevention,
3) if the offender intentionally or suffered serious harm to the closest in relation to an offense committed.
§ 3. The court shall apply extraordinary mitigation of punishment, and may conditionally suspend its performance in relation to the perpetrator of cooperating with others in the offense, if he reveals to the body responsible for law enforcement information regarding persons involved in the offense and relevant circumstances of its commission.
§ 4. At the request of the prosecutor the court may apply extraordinary mitigation of punishment, even conditionally suspend the execution in relation to the offender, which, regardless of the explanations given in his case, revealed before an investigation and presented the relevant circumstances, previously unknown to it, offense punishable by more than 5 years imprisonment.
§ 5. In the cases specified in § 3 i 4 court imposing a prison sentence up to the age 5 may conditionally suspend the execution of the test period of up to 10 years, if it finds, despite the failure to sentence the offender does not commit the crime again; Articles. 71-76 shall apply mutatis mutandis.
§ 6.[38] Extraordinary mitigation of punishment is a sentence below the statutory minimum lower or milder type of punishment by the following rules:
1) if the act constitutes a crime punishable by at least threatened 25 years imprisonment, the court shall impose a term of imprisonment not less than 8 years,
2) if the act constitutes a different crime, the court shall impose a term of imprisonment of not less than one-third lower the statutory minimum,
3) if the act constitutes a misdemeanor, with the lower limit is the statutory minimum term of imprisonment not less than a year, the court shall impose a fine, penalty of restriction of liberty or imprisonment,
4) if the act constitutes a misdemeanor, with the lower limit is the statutory minimum term of imprisonment less than a year, the court shall impose a fine or penalty of restriction of liberty.
§ 7. If the act is in danger of alternative sanctions listed in Article. 32 Item 1-3, extraordinary mitigation of punishment is to waive the penalty and criminal proceedings to set out in Article. 39 Item 2-8; provision of Art. 61 § 2 not applicable.
Art. 61. [Withdrawal]
§ 1. The court may waive the penalty in the cases provided for by law and in the case referred to in Article. 60 § 3, especially when the perpetrator role in the offense was a child, and the information helped to prevent the commission of another crime.
§ 2. Refraining from imposing a penalty, the court may also refrain from imposing a punitive measure, even if his judgment was required.
Art. 62. [Plant selection and therapeutic system]
Ruling imprisonment, the court may determine the kind and type of correctional facility, in which the offender is a fine place, and also declare the execution of a therapeutic system.
Art. 63. [Included]
§ 1. Against the sentence includes a period of actual imprisonment on, rounded to a full day, with one actual date of imprisonment equal to one day of imprisonment, two days of restriction of freedom or two daily rates of fine.
§ 2.[39] Adjudicated against the punitive measures, referred to in Article. 39 Item 2-3, include the period of actual use generically the corresponding preventive measures, listed in Article. 275 or 276 Code of Criminal Procedure.
Chapter VII. Back to the crime
Art. 64. [Recidivism]
§ 1. If a convicted offender for an offense to imprisonment committed during the 5 years after completion of at least 6 months sentence for intentional crime related offenses, for which he was convicted, the court may impose the penalty provided for the perpetrators of the crime attributed to up to a maximum period of increased risk by half.
§ 2. If the offender previously convicted under the conditions specified in § 1, which took a total of at least one year of imprisonment and during the 5 years after completion of all or part of the last sentence again committing an intentional crime against the life or health, offense of rape, robbery, burglary or other crime against property committed with violence or threat of violence, the court shall impose a term of imprisonment provided for the offense attributed to the lower height above the statutory minimum, and may impose it to the top of the statutory minimum increased by half.
§ 3. Provided in § 1 or 2 increased risk of upper statutory does not apply to crimes.
Art. 65. [Fixed income, activity in a group or in connection] [40]
§ 1. Provisions for penalties, punitive measures and measures related to submission to the offender sample, provided to the offender as defined in Article. 64 § 2, shall also apply to offender, that the offense did a regular source of income or is committing a crime by acting in an organized group or association aimed at committing crimes and crimes against the perpetrator of a terrorist.
§ 2. The perpetrator of crime Article § STATE. 258 regulations apply regarding the offender as defined in Article. 64 § 2, except as provided in this provision tightening sanctions.
Chapter VIII. Measures relating to the submission to the offender sample
Art. 66. [Conditional discontinuance]
§ 1. The court may conditionally discontinue prosecution, if the wine and the social harm of the act are not significant, circumstances of its commission is not in doubt, and the attitude of the perpetrator is not punished for an offense, its properties and conditions of personal and current way of life justifies the supposition, despite the discontinuance of the proceedings will follow the legal, in particular, does not commit a crime.
§ 2. Conditional discontinuance shall not apply to the perpetrator of an offense punishable by more than 3 years imprisonment.
§ 3. In cases where the victim is reconciled with the perpetrator, the offender to repair the damage or the victim and the offender agreed to a remedy, conditional redemption can be applied to the perpetrator of a crime punishable by not more than 5 years imprisonment.
Art. 67. [Probation, supervision and responsibilities]
§ 1. Redemption is conditional on the period of probation, which varies from year to 2 years and runs from the validation of the decision.
§ 2. Conditionally dismissing the criminal proceedings, during the court may attempt to return the offender to the custody of a guardian or a trusted third party, Association, institution or social organization, to which activities should be concern for the upbringing, prevention of demoralization or assist prisoners.
§ 3.[41] Conditionally dismissing the criminal proceedings, court requires the offender to repair the damage in whole or in part, and it may impose the obligations in Article. 72 § 1 Item 1-3, 5, 7a lub 7b, and also declare the cash benefit specified in Article. 39 Item 7 and a driving ban, referred to in Article ., referred to in Article. 39 Item 3, do lat 2. Imposing on the offender committed the crime of violence or threats against the person nearest the obligation referred to in Article. 72 § 1 paragraph 7b of the court shall specify the manner of contact with the victim offender.
§ 4. The provision of Article. 74 shall apply mutatis mutandis.
Art. 68. [Take the case]
§ 1. The court shall conduct criminal, if the offender during the attempt to commit an intentional crime, for which he was finally convicted.
§ 2. The court may take criminal proceedings, if the offender during the attempt to flagrantly violate the law, in particular when committed other than those specified in § 1 crime, if it fails to supervision, comply with an obligation imposed by or adjudicated penal measure or does not perform the agreement concluded with the victim.
§ 3. The court may take criminal proceedings, if the offender after the decision on conditional discontinuance of proceedings, but before it becomes final, flagrantly violated the law, especially when at that time committed a crime.
§ 4. Conditional redeemed proceedings can not be taken later than 6 months after the trial period.
Art. 69. [Conditional suspension]
§ 1. The court may conditionally suspend the execution of the sentence of imprisonment not exceeding 2 years, penalty of restriction of liberty or a fine imposed as punishment spontaneous, if it is sufficient to achieve the objectives penalties against perpetrators, in particular, to prevent recidivism.
§ 2. Suspending execution of sentence, the court takes into account the particular attitude of the offender, his personal characteristics and conditions, former way of life and behavior after committing a crime.
§ 3. Suspension of sentence shall not apply to the offender as defined in Article. 64 § 2, unless there is a special case, justified by special circumstances; suspended sentences, referred to in Article. 60 § 3-5, does not apply to the offender as defined in Article. 64 § 2.
§ 4.[42] Suspension of the penalty of restriction of liberty or a fine not apply to the perpetrator of a crime hooligan. The perpetrator of a hooligan nature of crime and the offender as defined in Article. 178a § 4 the court may conditionally suspend the execution of sentence of imprisonment in particularly justified cases.
Art. 70. [Probation]
§ 1. The suspension of the sentence is for a period of probation, which runs from the judgment becomes final and is:
1) from 2 do 5 years – in the case of conditional suspension of sentence of imprisonment,
2) from year to 3 years – in the case of conditional suspension of penalty or restriction of liberty.
§ 2. In the case of suspension of imprisonment or juvenile perpetrator referred to in Article. 64 § 2, sample period is from 3 do 5 years.
Art. 71. [Fine]
§ 1.[43] Suspending execution of sentence of imprisonment, the court may order a fine of up to 270 daily rates, if its imposition on a different basis is not possible; suspending the penalty of restriction of liberty, the court may order a fine of up to 135 daily rates.
§ 2. If the order of imprisonment or restriction of liberty, fine imposed pursuant to § 1 not be executed; imprisonment or restriction of freedom is reduced by a period corresponding to the number of daily rates paid to the nearest full day.
Art. 72. [Responsibilities]
§ 1.[44] Suspending execution of sentence, the court may require the offender to:
1) inform the court or guardian about the progress of the trial period,
2) apologize to the victim,
3) perform its obligation to the recovery of maintenance of another person,
4) gainful employment, to study or prepare for the profession,
5) abstain from alcohol or use other drugs,
6) receive the treatment, in particular, addiction treatment or rehabilitation, interactions or therapeutic,
6a) participation in correctional and educational interactions,
7) refrain from staying in certain environments or locations,
7a) refrain from contacting the victim or other persons in a certain way or approach the victim or other persons,
7b) leave the premises jointly occupied with the victim,
8) other appropriate proceedings in the trial period, if it can prevent the commission of the offense again.
§ 1a.[45] Imposing on the offender committed the crime of violence or threats against the person nearest the obligation referred to in § 1 paragraph 7b of the court shall specify the manner of contact with the victim offender.
§ 2. The court may require the offender to repair the damage in whole or in part, unless they hold a penal measure specified in Article. 39 Item 5, or to pay a pension pursuant to Article. 39 Item 7.
Art. 73. [Supervision]
§ 1. Suspending execution of sentence of imprisonment, court may, during the attempt to give the convicted person to the custody of a guardian or a trusted third party, Association, institution or social organization, to which activities should be concern for the upbringing, prevention of demoralization or assist prisoners.
§ 2.[46] Supervision is mandatory juvenile offender to deliberate, offender referred to in Article. 64 § 2, and also against the perpetrator of a crime committed in connection with disorders of sexual preference.
Art. 74. [Develop]
§ 1. Time and sp § ob performance levied duties listed in Article. 72 the court determines, after hearing the offender; imposition of an obligation referred to in Article. 72 § 1 Item 6 also requires that the consent of the convicted person.
§ 2. If the educational reasons for the appeal, court, sentenced to a term of imprisonment with conditional suspension of its implementation, may try to establish during the, extend or alter the obligations referred to in Article. 72 § 1 Item 3-8 or from the performance of duties imposed by slow, except for the obligation referred to in Article. 72 § 2, as well as to give the convicted person to the custody or release from supervision.
Art. 75. [Penalty]
§ 1. Court shall order the sentence, If convicted during the sample had committed similar offense intentional, for which he held a final term of imprisonment.
§ 1a.[47] The Court manages the execution of a sentence if convicted for a crime committed with violence or threats against loved one or other minor living together with the perpetrator during the attempt to flagrantly violate the law, again using violence or threats against loved one or other minor living together with the perpetrator.
§ 2. The court may order the sentence, If convicted during the tests grossly violates law, in particular when committed any other offense than that specified in § 1 or if it fails to pay the fine, of supervision, comply with the obligations imposed punitive measures or adjudicated.
§ 3. The court may order the sentence, If convicted, after the ruling, but before it becomes final, flagrantly violated the law, especially when at that time committed a crime.
§ 4. The order of the sentence can not be later than 6 months after the trial period.
Art. 76. [The blurring of conviction]
§ 1. The conviction is erased by operation of law with the passage 6 months after the trial period.
§ 2. If convicted the sentence to a fine or a penalty, the blurring of conviction can not be given before implementation, pardon or limitations relating to their implementation; does not include a penal measure specified in Article. 39 Item 5.
Art. 77. [Conditional release]
§ 1. Sentenced to imprisonment the court may conditionally exempt from punishment only serve the remainder of the, when his attitude, properties and personal conditions, way of life before the offense, its circumstances and the behavior after the commission of crime and prison time, justify the belief, convicted after release that will follow the legal, in particular, does not commit the crime again.
§ 2. In particularly justified cases, the court imposing a prison sentence may set more stringent restrictions to use by the offender from parole than those provided for in Article. 78.
Art. 78. [Conditions]
§ 1.[48] Offender may be conditionally released after serving a sentence of at least half.
§ 2.[49] Offender referred to in Article. 64 § 1 can be conditionally released after serving two thirds of the sentence, and referred to in Article. 64 § 2 three quarters after serving sentence.
§ 3. Sentenced to 25 years of imprisonment can be conditionally released after serving 15 years sentence, and sentenced to life imprisonment after serving 25 years sentence.
Art. 79. [Conditions]
§ 1. Articles. 78 § 1 i 2 shall apply to the sum of two or more are not subject to custodial sentences combining, which the offender is to be held successively; the provision of Article. 78 § 2 apply, if even one of the offenses committed under the conditions specified in Article. 64.
§ 2. Be convicted, regardless of the conditions specified in Article. 78 § 1 or 2, conditionally released after serving 15 years imprisonment.
Art. 80. [Probation]
§ 1. In the event of parole time remaining to serve a sentence is a period of probation, which shall not be less than 2 years or longer than 5 years.
§ 2. If the offender is a person referred to in Article. 64 § 2, sample period may not be less than 3 years.
§ 3. If the conditional exemption from the penalty of life imprisonment is a period of probation 10 years.
Art. 81. [Re-parole]
In the event of cancellation of parole parole again can not take place within one year from the rear in prison, and in case of a penalty of life imprisonment before 5 years.
Art. 82. [Recognition of penalties have been completed]
If during the trial and for a further 6 months of parole revoked, penalty shall be deemed to have been completed at the time of parole.
Art. 83. [Shortening of restriction of freedom]
Sentenced to restriction of liberty, which took at least half of the sentence, comply with the law and faithfully perform the work identified by the court, as well as fulfill the duties imposed on him and ordered punitive measures, the court may waive the remainder of the sentence, recognizing it as done.
Art. 84. [Shortening the execution of penal]
§ 1. The court may at mid-term, which held punitive measures listed in Article. 39 Item 1-3, be considered as made, If convicted warned law, a penal measure was carried against him at least a year.
§ 2.[50] The provision of § 1 not applicable, if punitive measures listed in Article. 39 Item 2-3 adjudicated pursuant. 41 § 1a, art. 41a § 3 book art. 42 § 2 or 3.
Art. 84a. [Recognition for the ban made] [51]
§ 1. The obligation to refrain from being in certain environments or locations, ban on contact with certain persons or banned from leaving a particular place of residence without the consent of the court, ordered for all, can be regarded as made, the behavior of the offender after the commission of the offense and during the execution of the sentence justifies conviction, after the repeal of that requirement or prohibition does not commit a crime again against sexual freedom and decency to the detriment of a minor, and the obligation or prohibition was performed at least 10 years.
§ 2. In proceedings concerning the continued use of an obligation or prohibition, referred to in § 1, the court shall consult the experts.
§ 3. Application offender or his counsel, submitted before the 2 years from an order refusing to discharge the obligation or prohibition, referred to in § 1, be made does not recognize the.
Chapter IX. Concurrence of crimes and linking of punishments and measures
Art. 85. [Kara total]
If the offender has committed two or more offenses, fell before the first judgment, even invalid, for any of these offenses and imposed a penalty for not the same kind of merger or other covered, the court shall sentence the total, taking as basis the penalties to be imposed for separate offenses converging.
Art. 86. [Dimension]
§ 1.[52] The court shall impose a fine aggregate in the range of the highest of the penalties imposed for various crimes to their sum, not exceeding 810 daily fines, 2 years of restriction of liberty or 15 years imprisonment; impose the penalty of restriction of liberty in the months and years. Kara total fines provided for in Article. 71 § 1 not exceed 270 daily rates – if it is linked to a suspended prison sentence and may not exceed 135 daily rates – if it is linked to a suspended penalty of restriction of liberty.
§ 1a.[53] If the sum of custodial sentences is 25 years or more, and even to be joining one of the penalties of not less than 10 years, the court may order a fine totaling 25 years imprisonment.
§ 2. § vengeance total nutritive, the court shall specify a new height of the daily rate, following the indications specified in Article. 33 § 3; amount of the daily rate can not exceed the highest previously established.
§ 2a.[54] If even one of the merger are subject to fines is imposed in amount, total penalty of fines, the amount the.
§ 2b.[55] If even one of the merger are subject to fines have been imposed pursuant to Article. 309, the court shall impose the penalty of a fine aggregate in the range of the highest of such penalty imposed for each offense to their sum, not exceeding 4 500 daily fines.
§ 3. Vengeance on the total restriction of liberty, court sets a new dimension of time free of charge, controlled for social work or the amount of deductions, applying Article. 35; obligations referred to in Article. 36 § 2 apply, been adjudicated even if only as one of concurrent offenses.
Art. 87. [Linking deprivation of the freedom of]
In the event of conviction for the concurrent offenses a prison sentence and the court shall impose restrictions on freedom of the total penalty of imprisonment, assuming, A month restriction of liberty is equal to 15 days of deprivation of liberty.
Art. 88. [Connecting to the strictest penalties]
If the most severe penalty imposed for one of the concurrent punishment of crime is 25 years imprisonment or life imprisonment, decreed this punishment as a penalty totaling; in the case of the intersection of two or more penalties 25 years' imprisonment as the court may order a total penalty of life imprisonment.
Art. 89. [Suspension of]
§ 1.[56] In the event of conviction for the concurrent offenses to imprisonment, restriction of liberty or a suspended fine and no conditional suspension of execution of judgment, the court may conditionally suspend the execution of a total penalty of the total, if there are circumstances specified in Article. 69.
§ 1a.[57] In the event of conviction for the concurrent offenses to imprisonment with conditional suspension of execution of judgment, the court may declare a total aggregate sentence of imprisonment without conditional suspension of its implementation.
§ 2. Ruling total penalty of imprisonment or restriction of freedom of the conditional suspension of execution, the court may order a fine referred to in Article. 71 § 1, even if it is not held to be in the confluence of crime.
§ 3. If the confluence of decisions of the periods of the court shall attempt this time and connected requirements to re-.
Art. 90. [The criminal measures and precautionary measures]
§ 1. The penalties and security measures and surveillance is used, even though they only held it for one of the concurrent criminal offenses.
§ 2.[58] In the event of a judgment for the concurrent criminal deprivation of civil rights, prohibition or the obligation of the same type, the court shall apply the provisions on punishment of the total.
Art. 91. [The string of crimes]
§ 1. If the perpetrator commits the same way, at short intervals, two or more offenses, fell before the first judgment, even invalid, for any of these offenses, the court decides a penalty under rule, the characteristics of each of these crimes suit, up to a maximum period of increased risk by half.
§ 2. If the perpetrator under the conditions specified in Article. 85 commits two or more strings of the offenses referred to in § 1 or a string of crimes and other offenses, the court shall sentence the total, applying the provisions of this chapter.
§ 3. If the offender has been convicted of two or more sentences for crimes within the several offenses specified in § 1, imposed by the judgment of a total penalty may not exceed the maximum period of increased risk by half, provided for in the recipe, the characteristics of each of these crimes suit.
Art. 92. [Combining sentences made]
Overall judgment does not preclude, that the individual sentences imposed as belonging to the crime or crimes have been converging already in whole or in part made; the provision of Article. 71 § 2 shall apply mutatis mutandis.
Art. 92a(comes from 2011-05-08)
Chapter X. Protective measures
Art. 93. [Basics] [59]
The court may order as provided in this chapter related to the detention order of confinement or referral for outpatient treatment only, when it is necessary, to prevent it from committing an offense by the offender related to his mental illness, disorders of sexual preference, mental retardation or addiction to alcohol or other drug; before ruling on this measure, the court shall hear psychiatrists and psychologists, and in cases with impaired sexual preferences – the doctor sexologist.
Art. 94. [Insanity and psychiatric facility]
§ 1. If the perpetrator, the state of insanity as defined in Article. 31 § 1, committed the offense of considerable social harm and there is a high probability, to commit such an act again, the court shall place the offender in an appropriate psychiatric institution.
§ 2. Time spent in the plant is not defined in advance; the court shall release the offender, if it continued to remain at the plant is not necessary.
§ 3. The court may order a re-placing the offender as defined in § 1 the right psychiatric, if justified by the circumstances listed in § 1 or Articles. 93; ordinance can not be issued after 5 years after release from the facility.
Art. 95. [Sanity and limited prison]
§ 1. Offender sentenced to imprisonment without conditional suspension of execution for a crime committed in a state of diminished sanity as defined in Article. 31 § 2, the court may order placing the offender in prison, which uses special medical or rehabilitative.
§ 2. If the results of treatment or rehabilitation for the appeal, the court may offender as defined in § 1, sentenced to a fine not exceeding 3 years imprisonment, conditionally released under the terms of Article. 77-82, without the limitations of art. 78 § 1 or 2; supervision is mandatory.
Art. 95a. [The plant closed; Outpatient treatment] [60]
§ 1.[61] Offender sentenced to imprisonment without conditional suspension of execution for a crime against sexual freedom, committed in connection with disorders of sexual preference, the court may decide to place the offender, after serving the penalty, the plant closed, or putting it on the out-patient treatment, for the purpose of drug therapy or psychotherapy, measures to prevent it from committing such an offense, in particular by reducing impaired sexual drive offender. Drug therapy does not apply, if its conduct would cause danger to life or health of the convicted person.
§ 1a.[62] The court shall place the offender, referred to in § 1, convicted of an offense referred to in Article. 197 § 3 Item 2 or 3 the plant closed, or putting it on the out-patient treatment.
§ 2.[63] During the 6 months before the expected conditional release or when the penalty the court shall:
1) the need for and the execution of the predicate inside, referred to in § 1,
2) way of making the predicate inside, referred to in § 1 a.
§ 2a.[64] The court may order a change in the way of performing a preventive measure as defined in § 1 lub 1a.
§ 2b.[65] The court managed to place the plant closed, if the offender fails to outpatient treatment as defined in § 1 lub 1a.
§ 3. Articles. 94 § 2 i 3 shall apply mutatis mutandis.
Art. 96. [Department of detoxification]
§ 1. Offender sentenced to imprisonment without conditional suspension of execution for a crime committed in connection with alcohol or other drug, the court may order the offender placed in a locked drug treatment facility, if there is a high probability of re-offending associated with this addiction.
§ 2. Measure specified in § 1 not be decreed, If the offender was sentenced to imprisonment in excess of 2 years.
§ 3. Time spent in the closed plant treatment for drug addiction is not defined in advance; it can not be less than 3 months or more than 2 years. O released from the plant resolved by the court based on the results of treatment, after hearing the opinion of the treating.
§ 4. Payment of the penalty include the length of stay court sentenced the plant, referred to in § 1.
Art. 97. [Outpatient treatment or rehabilitation]
§ 1. Depending on the progress of treatment of the offender as defined in Article. 96 § 1 the court may address it, for trial of 6 months to five years 2, outpatient treatment or rehabilitation therapy and rehabilitation facility, at the same time giving it the custody of a guardian or a trusted third party, Association, institution or social organization, to which activities should be concern for the upbringing, prevention of demoralization or assist prisoners.
§ 2. The court may order a re-placing the prisoner in a locked facility or drug treatment in prison, If convicted during the test fails to undergo a treatment or rehabilitation, or commits a crime or flagrantly violate the law or the rules of therapy and rehabilitation centers.
§ 3. If during the trial and for a further 6 months have been ordered to put the prisoner in a locked facility or drug treatment in prison, penalty shall be deemed to have been completed at the end of trial period.
Art. 98. [Conditional release]
If the results of treatment, referred to in Article. 96 § 3, so warrants, court conditionally release the offender from the rest to serve the remainder of the penalty as laid down in Article. 77-82, without the limitations of art. 78 § 1 or 2; supervision is mandatory.
Art. 99. [Prohibitions and forfeiture] [66]
§ 1. If the offender committed the offense in the state of insanity as defined in Article. 31 § 1, the court may order as a measure of protection required, or prohibitions listed in Article. 39 Item 2-3, if this is necessary for the protection of legal order, and forfeiture referred to in Article. 39 Item 4.
§ 2. Listed in § 1 obligation or prohibition decreed without defining the term; the court has waived the obligation or prohibition, stopped if the reasons for their decision.
Art. 100. [Forfeiture]
If the social harm of the act is negligible, and in the case of conditional discontinuation of proceedings or statements, excluding the fact that there is punishment of the perpetrators of an offense, the court may order the forfeiture referred to in Article. 39 Item 4.
Chapter XI. Limitation
Art. 101. [Limitation of criminal]
§ 1.[67] Offenses continues, if from the time of its commission passed years:
1) 30 – if the act constitutes the crime of murder,
2) 20 – if the act constitutes a different crime,
2a) 15 – if the act constitutes a misdemeanor punishable by imprisonment exceeding 5 years,
3) 10 – if the act constitutes a misdemeanor punishable by imprisonment exceeding 3 years,
4) 5 – when it comes to other crimes.
5) (repealed)
§ 2. Offenses prosecuted private prosecution ceases within one year from the time, when the victim learned of the person of the offender, but not later than the end 3 years from the time of its commission.
§ 3. In the cases provided for in § 1 or 2, if a crime depends on the occur, as determined in the effect, the limitation period starts from the time, the result was.
§ 4.[68] Limitation of criminal offenses referred to in Article. 199 § 2 i 3, art. 200, art. 202 § 2 i 4 oraz Article. 204 § 3, as well as the offenses referred to in Article. 197, art. 201, art. 202 § 3, art. 203 i art. 204 § 4, if the victim is a minor – can not take place before the 5 years following completion of the victim 18 years.
Art. 102. [Extension of limitation criminality] [69]
If within the period provided for in Article. 101 proceedings against the person, criminality committed by her offense specified in § 1 Item 1-3 terminate at the end of 10 years, and in other cases – Over 5 years from the end of this period.
Art. 103. [Limitation of the sentence]
§ 1. You can not take punishment, If the conviction becomes final years have elapsed:
1) 30 – if sentenced to a term of imprisonment exceeding 5 years or more severe punishment,
2) 15 – in the event of a conviction to imprisonment not exceeding 5 years,
3) 10 – in the event of a conviction for another penalty.
§ 2. The provision of § 1 Item 3 shall apply to the criminal Itemdków listed in Article. 39 Item 1-4 and 6 i 7; provision of § 1 Item 2 shall apply to the penal measure specified in Article. 39 Item 5.
Art. 104. [Rest of the limitation period]
§ 1. Prescription does not run, where a provision of the Act does not allow for the initiation or continuation of criminal proceedings; but not for the absence of a complaint or private prosecution.
§ 2. The period of limitation with respect to the offenses referred to in Article. 144, art. 145 § 2 or 3, art. 338 § 1 or 2 and Articles. 339 commences or satisfy a requirement from the time, where the perpetrator no longer required to weigh.
Art. 105. [The exclusion of limitation]
§ 1. The provisions of Article. 101-103 does not apply to crimes against peace, humanity and war crimes.
§ 2. The provisions of Article. 101-103 not also apply to intentional crime: murder, grievous bodily harm, grievous bodily harm or imprisonment combined with a special torment, committed by a public official in connection with official duties.
Chapter XII. The blurring of conviction
Art. 106. [Effects of]
With the blurring of a conviction is considered to be non-existent; entry of conviction is removed from the criminal record.
Art. 106a. [The offense will not loosen blurred] [70]
Do not be erased conviction to imprisonment without the conditional suspension of its execution for a crime against sexual freedom and decency, where the victim was a minor under the age of 15.
Art. 107. [Conditions]
§ 1. If sentenced to a term of imprisonment referred to in Article. 32 Item 3 or penalty 25 years imprisonment, seizure is convicted under the law with the passage 10 years from the execution or remission of punishment or the limitation of its performance.
§ 2. The court may, upon application, order the convicted person has already seized after conviction 5 years, If convicted in this period respected legal, a custodial sentence does not exceed 3 years.
§ 3. If sentenced to life imprisonment, seizure is convicted under the law with the passage 10 years of believing it to be done, of remission of punishment or the limitation of its performance.
§ 4. In the event of a conviction to a fine or penalty of restriction of liberty, seizure is convicted under the law with the passage 5 years from the execution or remission of punishment or the limitation of its performance; at the request of the court may order the offender sentencing obliteration after one 3 years.
§ 5. In the event of withdrawal from the penalty, seizure is convicted under the law one year following the final decision.
§ 6. If adjudicated a penal, the blurring of conviction can not occur before the execution, pardon or limitations relating to its implementation, subject to Article. 76 § 2.
Art. 107a(comes from 2011-05-08)
Art. 108. [Concurrence of convictions]
If the offender was sentenced for two or more did not remain at the confluence of crime, and if convicted after, but before the, period required to erase a conviction again committed an offense, is permitted only with the simultaneous seizure of all convictions.
Chapter XIII. Liability for offenses committed abroad
Art. 109. [A Polish citizen]
Polish penal law shall apply to a Polish citizen, have committed a crime abroad.
Art. 110. [Alien] [71]
§ 1. Polish penal law shall apply to an alien, who committed abroad an offense directed against the interests of the Polish Republic, Polish citizen, Polish Polish legal person or organizational unit without legal personality and to the alien, who committed abroad an offense of a terrorist.
§ 2. Polish penal law shall be applied in case of an alien to commit an offense abroad other than those specified in § 1, if the offense is a criminal act punishable by more than Polish 2 years imprisonment, and the offender is present on Polish territory, and it was decided not to spend.
Art. 111. [An act committed abroad]
§ 1. The condition of liability for an act committed abroad is the recognition of such an act a crime and by statute in force at the place of its commission.
§ 2. If there are differences between Polish law and the law of the jurisdiction where the offense, with the Polish law, the court may take into account these differences in favor of the offender.
§ 3. Condition provided for in § 1 does not apply to the Polish public official, which, on duty there had committed abroad an offense in connection with the exercise of their functions, or to a person, committing the offense in a place not subject to any state authority.
Art. 112. [The absolute use of Polish law] [72]
Notwithstanding the provisions of the place of the offense, Polish penal law shall apply to a Polish citizen and an alien in the case of committing:
1) offenses against internal or external security of the Republic of Polish,
1a) (lost its)
2) offense against Polish offices or public,
3) crimes against the Polish major economic interests,
4) the crime of false testimony against the Polish office,
5) crime, from which it was achieved, even indirectly, The financial benefit to the Polish territory.
Art. 113. [Prosecution under international agreements] [73]
Notwithstanding the provisions in force at the crime scene, Polish penal law shall apply to a Polish citizen and an alien, which decided not to spend, if he commits a crime abroad, to which the prosecution Republic of Poland is obliged, under international agreement, or an offense referred to in the Rome Statute of the International Criminal Court, done at Rome on 17 July 1998 r. (Dz.U. of 2003 r. No. 78, Item. 708).
Art. 114. [Punishing Abroad]
§ 1. [74] The judgment sunken abroad does not prevent the initiation or conduct of criminal proceedings for the same offense before a Polish court.
§ 2. The court counted towards the sentence actual period of imprisonment abroad and performed there a penalty, Having regard to the differences between these penalties.
§ 3. [75] The provision of § 1 not applicable:
1) if the conviction were made abroad, was taken to carry on Polish territory, and then, where the decision of sunken abroad for an offense, in consequence of which has been transmitted to law enforcement or to the perpetrator of the Polish territory,
2) to judgments of international criminal tribunals operating under a binding international law Polish Republic,
3) of final judgments of courts or other authorities of foreign countries ended the criminal proceedings, if it results from a binding international agreement, the Republic of Polish.
§ 4. If the acquisition was a Polish citizen, finally convicted by a court of a foreign country, to execute judgment on Polish territory, the court determines under Polish law of offense and an enforceable penalty or measure provided for in the Act; basis for determining the penalty or measure constitutes an enforceable judgment entered by a court of a foreign state, threatening punishment for such offense under Polish law, actual period of imprisonment abroad, and made there a penalty or other means, taking into account differences in favor of the offender.
Art. 114a(comes from 2011-05-08)
Chapter XIV. Explanation of legal terms
Art. 115. [Offense]
§ 1. An act is prohibited behavior of the marks prescribed in the penal.
§ 2. [The degree of social harm] In assessing the degree of social harmfulness court takes into account the type and nature of the infringed good, size of the damage or threat of injury, manner and circumstances of the offense, the importance of the duties violated by the offender, as well as the form of a, motivation of the perpetrator, kind of violated the rules of prudence and the degree of violation.
§ 3. [Similar offense] Similar crimes are offenses of the same kind of; crime of violence or threat of use or crime committed for the purpose of making profit is considered a crime related.
§ 4. [76][Financial or personal benefit] Material or personal benefit is a benefit for themselves, and for someone else.
§ 5.[77][Property of considerable value] Property is a property of considerable value, whose value at the time of the offense exceeds 200 000 gold.
§ 6. [78][Property of great value]Property is a property of great value, whose value at the time of the offense exceeds 1 000 000 gold.
§ 7. [Injury] The provisions of § 5 i 6 used to determine the “substantial damage” and “damage in large sizes”.
§ 8. [79](repealed)
§ 9. [Or movable object] Movable thing or object is also a Polish or foreign currency or other means of payment and a document giving rise to the sum of money or capital including the payment of, percentage, profit sharing or participation in a company statement.
§ 10. [Adolescent] Juvenile offender is, who at the time of the offense has not completed 21 years and during the rule in the first instance 24 years.
§ 11. [The person closest to] Closest person is the spouse, preliminary, downward, siblings, relative in the same line or degree, person remaining in the relationship of adoption and her husband, and the person remaining in cohabitation.
§ 12. [The threat of unlawful] An illegal threat, the threat is both, referred to in Article. 190, and the threat of criminal prosecution or cause broadcast messages offensive honor of his person threatened or near; announcement does not constitute a threat to cause criminal proceedings, if it is only to protect the rights infringed crime.
§ 13. [80][A public] A public official is:
1) Polish President,
2) envoy, senator, councilor,
2a) MEP,
3) judge, assessor, public prosecutor, financial officer of the authority investigation or superior authority over the financial authority of the pre-trial, notary, bailiff, guardian, trustee, court supervisor and manager, person adjudicating in disciplinary authorities operating under the Act,
4) person is an employee of the government administration, other state authority or local government, unless he performs only service, and also other persons in the, in which the power to issue administrative decisions,
5) person is an employee of the authority of state control body or authority of local government, unless he performs only service,
6) person holding a managerial position in another state institution,
7) official body set up to protect public safety or the prison service,
8) person performing active military service,
9) employee of the international criminal court, unless he performs only service.
§ 14.[81][Document] A document is any object or any other written medium, which is related to specific law, or that due to the underlying content constitutes proof of the right, legal relationship or the circumstances relevant to the legal.
§ 15. [Vessel] The meaning of the Code for the vessel is considered as a fixed platform located on the continental shelf.
§ 16. [State of inebriation] State of intoxication for the purposes of this Code occurs, when:
1) blood alcohol content exceeds 0,5 parts per thousand or leads to the concentration exceeds this value, or
2) the alcohol content of 1 dm3 exhaled air exceeds 0,25 mg, or leads to the concentration exceeds this value.
§ 17. [Soldier] A soldier is a person performing active military service.
§ 18. [Order] Command is a command specific acts or omissions made by the soldier's business manager or a senior authorized soldier.
§ 19. [The person holding public office][82] The person exercising a public function is a public official, member of the municipal council, a person employed in an organizational unit administering public funds, unless the service performs only, and the other person, the powers and duties of public activity are defined or recognized by law or a binding international agreement Polish Republic.
§ 20. [A terrorist offense][83] A terrorist offense is an offense punishable by imprisonment, whose upper limit is at least 5 years, committed to:
1) seriously intimidating many people,
2) compel a public authority Polish Republic, or of another State or international organization the authority to take or refrain from certain activities,
3) cause serious disruption in the system or the economy of the Republic of Polish, another State or international organization
– and threats to commit such an act.
§ 21. [84][Transgression of a hooligan] Vice of a hooligan is the offense of intentional assault on health, for freedom, in honor or limb, the general safety, the activities of state or local government, public order, or the willful destruction of, damaged or unusable doing other people's stuff, if the perpetrator acts in public, and without cause or reason of course trivial, showing a flagrant disregard for the law.
§ 22. [85][Trade ludźmi]Human trafficking is the recruitment, transport, supply, transmission, harboring or receipt of persons with:
1) violence or threats,
2) abduction,
3) deception,
4) misrepresentation or mistake of making use or inability to properly understand przedsiębranego action,
5) abuse of dependence, use of a critical situation or state of helplessness,
6) award or acceptance of property or personal advantage or its promise to the person having custody or supervision over another person
– the purpose of exploitation, even with the consent, particularly in prostitution, pornography or other forms of sexual exploitation, work or services of a forced, in the begging, in slavery or other forms of use of degrading human dignity, or to obtain cells, tissues or organs in violation of the Act. If the behavior applies to a minor offender, stanowi ono handel ludźmi, even when not used methods or measures referred to in paragraph 1-6.
§ 23. [86][Slavery]Slavery is a state of dependency, in which a person is treated as property.
Chapter XV. Relation to special laws
Art. 116. [Application of provisions]
The provisions of the general part of the Code applies to other laws providing for criminal liability, unless the law expressly exclude the application of.
Part of the special
Chapter XVI. Crimes against peace, humanity and war crimes
Art. 117. [Aggressive war]
§ 1. Whoever initiates or wages a war of aggression,
be punished by imprisonment for not less than years 12, penalty 25 years imprisonment or life imprisonment.
§ 2. Whoever makes preparation to commit an offense specified in § 1,
be punished by imprisonment for not less than years 3.
§ 3.[87] Whoever publicly incites to initiate a war of aggression or publicly commends the opening or continuation of such a war,
be punished by imprisonment of 3 months to five years 5.
Art. 118. [Extermination]
§ 1. Who, intent to destroy in whole or in part, a national, ethnic, Racial, political, or religious group with a different perspective, commits homicide or causes serious injury to a person belonging to such a group,
be punished by imprisonment for not less than years 12, penalty 25 years imprisonment or life imprisonment.
§ 2. Who, for the purpose specified in § 1, creates, for persons belonging to such groups living conditions threatening its biological destruction, apply measures aimed at preventing births within the group or forcibly removes children from the persons constituting it,
be punished by imprisonment for not less than years 5 or the penalty 25 years imprisonment.
§ 3. Whoever makes preparations for the offense specified in § 1 or 2,
be punished by imprisonment for not less than years 3.
Art. 118a. [The coup against the people] [88]
§ 1. Who, taking part in a mass attack or any one of repeated attacks directed against a group of people taken to implement or support the policy of the State or organization:
1) commits homicide,
2) causing serious injury to human,
3) provides for members of the population living conditions threatening its biological existence, in particular by the deprivation of access to food or medical care, which are calculated on their destruction,
be punished by imprisonment for not less than years 12, penalty 25 years imprisonment or life imprisonment.
§ 2. Who, taking part in a mass attack or any one of repeated attacks directed against a group of people taken to implement or support the policy of the State or organization:
1) results in putting people into a state of slavery or keeps it in this state,
2) deprives a person of liberty for a term exceeding 7 days or with a particular torment,
3) applies a person shall be subjected to torture or cruel or inhuman treatment,
4) Committing rape or using violence, an illegal threat, or deception in any other way violates freedom of sexual individuals,
5) using or threatening unlawful violence incident by a woman will become pregnant in an attempt to influence the ethnic composition of the population or carrying out other grave violations of international law,
6) deprives a person of freedom and refuses to provide information concerning that person or place of residence or provide inaccurate information on this person or place of residence, with intent to deprive that person of legal protection for a longer period,
be punished by imprisonment for not less than years 5 or the penalty 25 years imprisonment.
§ 3. Who, taking part in a mass attack or any one of repeated attacks directed against a group of people taken to implement or support the policy of the State or organization:
1) violation of international law compels a person to change their lawful residence,
2) may be severe persecution of the population for reasons recognized as impermissible under international law, in particular, political, racial, National, ethnic, cultural, religious or because of lack of religious beliefs, beliefs or gender, causing the deprivation of fundamental rights,
be punished by imprisonment for not less than years 3.
Art. 119. [Violence and the threat of unlawful]
§ 1. Whoever uses violence or makes unlawful threat towards a group of people or a particular individual because of their national, ethnic, Racial, political, religious affiliation or because of their lack of religious beliefs,
be punished by imprisonment of 3 months to five years 5.
§ 2. [89](repealed)
Art. 120. [Means of mass destruction]
Whoever uses a means of mass destruction prohibited by international law,
be punished by imprisonment for not less than years 10, penalty 25 years imprisonment or life imprisonment.
Art. 121. [Develop]
§ 1. Who, banned by international law or provisions of the Act, produces, collects, purchases, disposes, stores, carries or sends agents of mass destruction or means of warfare, or undertakes research aimed at the manufacture or use of such measures,
be punished by imprisonment of one to years 10.
§ 2. The same penalty shall, Anyone who commits the act specified in § 1.
Art. 122. [Unacceptable attacks and ways to fight]
§ 1.[90] Who in the course of warfare, attacking undefended town or object, hospital zone, demilitarized or uses other means of warfare prohibited by international law,
be punished by imprisonment for not less than years 5 or the penalty 25 years imprisonment.
§ 2. The same penalty shall, who in the course of warfare, uses a means of warfare prohibited by international law.
Art. 123. [The attack on the person]
§ 1. Who, violation of international law, commits the homicide of:
1) people, when submitting their arms or lacked any means of defense surrendered,
2) injured, patients, survivors, medical personnel or clergy,
3) prisoners of war,
4) civilians in an occupied area, seized or in which the ongoing military operations, or other people using in the course of warfare with international protection,
be punished by imprisonment for not less than years 12, penalty 25 years imprisonment or life imprisonment.
§ 2. Who, violation of international law, causes the persons specified in § 1 grievous bodily harm, subjected to torture these people, cruel or inhumane treatment, makes them, even with their consent, cognitive experiments, uses them to render their presence a particular area or object from hostilities or its affiliates or retain as hostages,
be punished by imprisonment for not less than years 5 or the penalty 25 years imprisonment.
Art. 124. [Other violations of international law] [91]
§ 1. Who, violation of international law, forces the persons specified in Article. 123 § 1 to serve in enemy armed forces or for participation in hostilities against their Country, use corporal punishment, violence, illegal threat or deceit these people to sexual intercourse, submit to another sexual act or to perform such an act, allowed to attack on human dignity, in particular humiliating and degrading treatment, deprived of liberty, denies the right to independent and impartial court or limits the right of individuals to defense in criminal proceedings, proclaims the rights or claims of citizens of the opposing party to be terminated, suspended or inadmissible in a court,
be punished by imprisonment for not less than years 3.
§ 2. The same penalty shall, who, violation of international law, delaying the repatriation of prisoners of war or civilians, makes movement, resettlement or deportation of civilians, incorporates, recruits to the armed forces of persons under 18 years of age or actually uses such persons in hostilities.
Art. 125. [The attack on the cultural] [92]
§ 1. Who, the area occupied, occupied or in which the ongoing military operations, violation of international law, destroys, damage, takes or appropriates property or the cultural,
be punished by imprisonment of one to years 10.
§ 2. If the act applies to property of substantial value or benefit of particular significance for the culture, perpetrator
be punished by imprisonment for not less than years 3.
Art. 126. [Unacceptable use of characters]
§ 1. Who in the course of warfare, illegally uses the emblem of the Red Cross or Red Crescent,
subject to imprisonment under 3.
§ 2. The same penalty shall, who in the course of warfare, illegally uses protective emblems for cultural or other sign protected by international law, or uses a national flag or the military of the enemy, neutral country or international organization or commission.
Art. 126a. [The public preaching of crimes or inciting others to commit] [93]
Whoever publicly incites to commit an act specified in Article. 118, 118a, 119 § 1, art. 120-125 or publicly commends the commission of an act specified in these regulations,
be punished by imprisonment of 3 months to five years 5.
Art. 126b. [Failure to carefully controlled] [94]
§ 1. Who, § comple not upsetting the duty of control, allows the act referred to in Article. 117 § 3, art. 118, 118a, 119 § 1, art. 120-126and by a person under their effective authority or control,
subject to the penalty specified in these regulations.
§ 2. If the perpetrator acts unintentionally, be punished by imprisonment of 3 months to five years 5.
Chapter XVII. Crimes against the Polish Republic
Art. 127. [The coup]
§ 1. Who, in order to deprive independence, detachment of the area or change the constitutional order by violence Polish Republic, shall, in consultation with others activities leading directly to the achievement of this objective,
be punished by imprisonment for not less than years 10, penalty 25 years imprisonment or life imprisonment.
§ 2. Whoever makes preparation to commit an offense specified in § 1,
be punished by imprisonment for not less than years 3.
Art. 128. [Develop]
§ 1. Who, violence in order to remove the constitutional authority of the Republic of Polish, immediately take action towards the realization of this objective,
be punished by imprisonment for not less than years 3.
§ 2. Whoever makes preparation to commit an offense specified in § 1,
be punished by imprisonment of 3 months to five years 5.
§ 3. Whoever by force or threat of unlawful influence the official acts of the constitutional authority of the Republic of Polish,
be punished by imprisonment of one to years 10.
Art. 129. [Betrayal of the diplomatic]
Who, being authorized to act on behalf of the Polish Republic in its relations with the government of a foreign state or international organization, adversely affect the Polish Republic,
be punished by imprisonment of one to years 10.
Art. 130. [Espionage]
§ 1. Who is involved in foreign intelligence operations against the Polish Republic,
be punished by imprisonment of one to years 10.
§ 2. Who, taking part in a strange interview, or acting on his behalf, intelligence provided to the news, which transmission can harm Polish Republic,
be punished by imprisonment for not less than years 3.
§ 3. [95] Who, to provide foreign intelligence messages as defined in § 2, collects or stores, enters the system in order to obtain it, or is prepared to act for foreign intelligence against the Republic of Polish,
be punished by imprisonment of 6 months to five years 8.
§ 4. Who organizes the activities of foreign intelligence or manages,
be punished by imprisonment for not less than years 5 or the penalty 25 years imprisonment.
Art. 131. [Active grief]
§ 1. Not be punished for the attempted offense specified in Article. 127 § 1, art. 128 § 1 or Articles. 130 § 1 or 2, who voluntarily did not adopt further activity and revealed to the authority responsible for prosecution of crimes of all relevant circumstances of the offense; the provision of Article. 17 § 2 shall apply mutatis mutandis.
§ 2. Not be punished for an offense referred to in Article. 128 § 2, art. 129 or Articles. 130 § 3, who voluntarily did not adopt further activity and has significant efforts to prevent the commission of the offense intended and revealed to the authority responsible for prosecution of crimes of all relevant circumstances of the offense.
Art. 132. [Disinformation]
Who, giving the intelligence services of the Republic of Polish, misleading the Polish state authority by providing forged or falsified documents or other objects or by concealing the true or providing false information of material importance for Polish Republic,
be punished by imprisonment of one to years 10.
Art. 132a. [Slander the Polish Nation] [96]
(lost its)
Art. 133. [Insult]
A person who publicly insults a nation or the Polish Republic,
subject to imprisonment under 3.
Art. 134. [The assassination of President]
Whoever commits the assassination of Polish President,
be punished by imprisonment for not less than years 12, penalty 25 years imprisonment or life imprisonment.
Art. 135. [Assault and insulting the President]
§ 1. Whoever commits an assault on the Polish President,
be punished by imprisonment of 3 months to five years 5.
§ 2. Whoever publicly insults the Polish President,
subject to imprisonment under 3.
Art. 136. [Assault and insulting a representative of a foreign country]
§ 1. Who on Polish territory may be of assaulting a foreign head of state or head of the diplomatic mission accredited to that country or a person enjoying similar protection under the laws, treaties or generally recognized international customs,
be punished by imprisonment of 3 months to five years 5.
§ 2. Who on Polish territory may be an assault on a person belonging to the diplomatic staff of representative of a foreign state or foreign country consular officer, in connection with the performance of their duties,
subject to imprisonment under 3.
§ 3. Penalty specified in § 2 be, Who on Polish territory publicly insults a person referred to in § 1.
§ 4. Who on Polish territory publicly insults a person referred to in § 2,
subject to a fine, imprisonment or imprisonment for a year.
Art. 137. [Signs of the state]
§ 1. Whoever publicly insults, destroys, damage or remove the emblem, banner, banner, flag, flag or other sign of the state,
subject to a fine, imprisonment or imprisonment for a year.
§ 2. The same penalty shall, Who on Polish territory insults, destroys, damage or remove the emblem, banner, banner, flag, flag or other sign of a foreign state, issued publicly by a representative of that State or to order Polish authority.
Art. 138. [The principle of reciprocity]
§ 1. Articles. 136 and 137 § 2 apply, if the foreign state provides reciprocity.
§ 2. Articles. 127, 128, 130 and 131 shall apply mutatis mutandis, if the offense was committed against the State Alliance, and it shall ensure that reciprocity.
Art. 139. [Forfeiture]
In the case of an offense referred to in Article. 127, 128 and 130 the court may order forfeiture, referred to in Article. 39 Item 4, also when, when objects are not owned by the offender.
Chapter XVIII. Offences against the defense
Art. 140. [Terrorist attack]
§ 1. Who, to weaken the defensive power of the Republic of Polish, may be violent attack on a unit of the Polish Armed Forces, destroys or damages property or equipment of defensive importance,
be punished by imprisonment of one to years 10.
§ 2. If the act is the death of a person or serious injury to many people, perpetrator
subject to imprisonment for years 2 do 12.
§ 3. Whoever makes preparations for the offense specified in § 1,
subject to imprisonment under 3.
§ 4. In the case of an offense specified in § 1-3 the court may order forfeiture, referred to in Article. 39 Item 4, also when, when objects are not owned by the offender.
Art. 141. [Mercenary]
§ 1. Who, a national of Polish, adopted without the consent of the competent authority of military obligations in a foreign army or foreign military organization,
be punished by imprisonment of 3 months to five years 5.
§ 2. Who takes the duties prohibited by international law of military service wage,
be punished by imprisonment of 6 months to five years 8.
§ 3. Do not commit the offense specified in § 1 Polish citizen who is also a citizen of another country, if he resides in its territory and full of military service there.
Art. 142. [Haul to a foreign army]
§ 1. Who, violation of the law, leads haul of Polish citizens or resident aliens in the Polish Republic for military service in a foreign army or foreign military organization,
be punished by imprisonment of 3 months to five years 5.
§ 2. Who runs the enlistment of Polish citizens or resident aliens in the Polish Republic to serve in the prohibited by international law, military service or the hired mercenary pay, organizes, trains or uses,
be punished by imprisonment of 6 months to five years 8.
Art. 143. [Repeal of military service]
§ 1. Who, in order to obtain the exemption § from compulsory military service or postponement of the service, their causes or permits, that someone else caused him to effect specified in Article. 156 § 1 lub art. 157 § 1 either for this purpose uses deception to mislead the competent authority,
subject to imprisonment under 3.
§ 2. The same penalty shall, who, in order to facilitate another person exempt from the obligation of military service or postponement of service, with the consent of the effect it causes specified in Article. 156 § 1 lub art. 157 § 1 either for this purpose uses deception to mislead the competent authority.
§ 3. Whoever commits the offense specified in § 1 or 2, if the obligation relates to replace military service,
subject to a fine, imprisonment or imprisonment for years 2.
Art. 144. [Failure to call]
§ 1. Who, being called to perform active military service, not reported to perform such service within a specified time and place,
subject to imprisonment under 3.
§ 2. In the case of minor, perpetrator
subject to a fine, imprisonment or imprisonment for a year.
§ 3. Who does not report for jury service replacing military service under the conditions specified in § 1,
subject to a fine or imprisonment.
Art. 145. [Evasion of alternative service]
§ 1. Who, are serving substitute for military service:
1) refuses to perform this service, maliciously or persistently refuses to comply with the obligation under the command of this service or on business,
2) to partially or completely evade this service or the obligation arising from this service:
a) their causes or permits, that someone else caused him to effect specified in Article. 156 § 1 lub art. 157 § 1,
b) uses deception to mislead the superior,
subject to a fine, imprisonment or imprisonment for years 2.
§ 2. The same penalty shall, who, performing the service defined in § 1, voluntarily leaves the designated place of his duties or willfully remains outside the.
§ 3. If the perpetrator of an offense specified in § 2 leaves, to permanently evade this service, designated place of performance of official duty, or for such a purpose beyond remains,
subject to imprisonment under 3.
Art. 146. [Voluntary return]
If the perpetrator of an offense referred to in Article. 145 § 2 i 3 voluntarily returned, and his absence lasted no longer than 14 days, the court may apply extraordinary mitigation of punishment, and even renounce its imposition.
Art. 147. [Inability to service]
In relation to the perpetrator of an offense referred to in Article. 143 § 1 or Articles. 144 or 145, who at the time the act was incapable of military service, the court may apply extraordinary mitigation of punishment, and even renounce its imposition.
Chapter XIX. Crimes against life and health
Art. 148. [Murder] [97]
§ 1. Who kills a man,
be punished by imprisonment for not less than years 8, penalty 25 years imprisonment or life imprisonment.
§ 2. Who kills a man:
1) with particular cruelty,
2) in connection with hostage taking, rape or robbery,
3) for motives deserving special condemnation,
4) the use of explosives,
be punished by imprisonment for not less than years 12, penalty 25 years imprisonment or life imprisonment.
§ 3. Penalty specified in § 2 be, one act who kills more than one person, or has previously been finally convicted for the murder and the perpetrator of a murder committed when a public official or in connection with the performance of his official duties relating to the protection of human safety or the security or public order.
§ 4. Who kills a man under the influence of strong indignation justified by circumstances,
be punished by imprisonment of one to years 10.
Art. 149. [Infanticide] [98]
Mother, who kills a child during childbirth due to its course,
be punished by imprisonment of 3 months to five years 5.
Art. 150. [Euthanasia]
§ 1. Who kills a man at his request and under the influence of sympathy for him,
be punished by imprisonment of 3 months to five years 5.
§ 2. In exceptional cases, the court may apply extraordinary mitigation of punishment, and even renounce its imposition.
Art. 151. [Persuasion and assistance to suicide]
Whoever by persuasion or by the aid of man leads to an attempt on his life,
be punished by imprisonment of 3 months to five years 5.
Art. 152. [Termination of pregnancy with the consent]
§ 1. The consent of the woman who terminates her pregnancy in violation of the law
subject to imprisonment under 3.
§ 2. The same penalty shall, who assists a pregnant woman in an abortion in violation of the law or urge it to do so.
§ 3. [99] Whoever commits the act specified in § 1 or 2, after the fetus has become capable of living outside the pregnant woman,
be punished by imprisonment of 6 months to five years 8.
Art. 153. [Termination of pregnancy without consent]
§ 1. Who is using violence against a pregnant woman or in any way without her permission terminates a pregnancy, or violence, illegal threat or deceit pregnant woman to terminate her pregnancy,
be punished by imprisonment of 6 months to five years 8.
§ 2.[100] Whoever commits the act specified in § 1, after the fetus has become capable of living outside the pregnant woman,
be punished by imprisonment of one to years 10.
Art. 154. [Death of pregnant woman]
§ 1. If the act specified in Article. 152 § 1 or 2 is the death of a pregnant woman, perpetrator
be punished by imprisonment of one to years 10.
§ 2. If the act specified in Article. 152 § 3 or Articles. 153 is the death of a pregnant woman, perpetrator
subject to imprisonment for years 2 do 12.
Art. 155. [Manslaughter]
Who unintentionally causes the death of a man,
be punished by imprisonment of 3 months to five years 5.
Art. 156. [Grievous bodily harm]
§ 1.[101] Whoever causes grievous bodily harm in the form:
1) deprive a man of vision, Hearing, Speech, the ability to procreate,
2) another severe disability, severe incurable or prolonged illness, life-threatening illness actually, permanent mental illness, total or substantial permanent incapacity to work in a profession or permanent, significant disfigurement or deformation of the body,
be punished by imprisonment of one to years 10.
§ 2. If the perpetrator acts unintentionally,
subject to imprisonment under 3.
§ 3. If the act specified in § 1 the death of a man, perpetrator
subject to imprisonment for years 2 do 12.
Art. 157. [Other personal injury]
§ 1. Whoever causes impairment to bodily injury or health, other than specified in Article. 156 § 1,
be punished by imprisonment of 3 months to five years 5.
§ 2. Whoever causes impairment to bodily injury or health lasting not longer than 7 days,
subject to a fine, imprisonment or imprisonment for years 2.
§ 3. If the perpetrator of the act specified in § 1 or 2 of unintentional,
subject to a fine, imprisonment or imprisonment for a year.
§ 4.[102] Prosecution of the offense specified in § 2 or 3, if an impairment to bodily injury or health did not last longer than 7 days, is private prosecution, unless the victim is the person closest to living together with the perpetrator.
§ 5.[103] If the victim is the person closest to, prosecution of the offense specified in § 3 is at its request.
Art. 157a. [Prenatal damage] [104]
§ 1. Whoever causes damage to the unborn child's body or health threatening his life,
subject to a fine, imprisonment or imprisonment for years 2.
§ 2. Physician does not commit a crime, if bodily injury or health of the fetus is a consequence of curative actions, necessary to avert the danger threatening the health or life of the pregnant woman or the fetus.
§ 3. Not punishable mother of the fetus, who commits the act specified in § 1.
Art. 158. [Scrimmage and battery]
§ 1. Who is involved in violence or assault, in which a man exposes himself to the immediate danger of death or the occurrence of an effect referred to in Article. 156 § 1 or Articles. 157 § 1,
subject to imprisonment under 3.
§ 2. If the consequence of a brawl or beating is a serious injury to human, perpetrator
be punished by imprisonment of 6 months to five years 8.
§ 3. If the consequence of a fight or beat a man to death, perpetrator
be punished by imprisonment of one to years 10.
Art. 159. [Hazardous Items]
Who, taking part in a brawl or beating, uses a firearm, knife or other similarly dangerous object,
be punished by imprisonment of 6 months to five years 8.
Art. 160. [Exposure to danger]
§ 1. Who puts man in immediate danger of death or grievous bodily harm,
subject to imprisonment under 3.
§ 2. If the perpetrator has a duty to take care of the person exposed to danger,
be punished by imprisonment of 3 months to five years 5.
§ 3. If the perpetrator of the act specified in § 1 or 2 of unintentional, subject to a fine, imprisonment or imprisonment for a year.
§ 4. Not be punished for the offense specified in § 1-3 perpetrator, who voluntarily averted the impending danger.
§ 5. Prosecution of the offense specified in § 3 occurs at the request of the victim.
Art. 161. [Exposure to infection]
§ 1. Who, knowing, that are infected with HIV, directly exposes another person to infection,
subject to imprisonment under 3.
§ 2. Who, knowing, that is afflicted with venereal disease or infectious, severe or incurable disease really a life-threatening, directly exposes another person to infection from that disease,
subject to a fine, imprisonment or imprisonment for a year.
§ 3. Prosecution of the offense specified in § 1 or 2 occurs at the request of the victim.
Art. 162. [Failure to provide assistance]
§ 1. Who a person is in a situation threatening an immediate danger of loss of life or serious bodily injury is not assisting, he so do without exposing himself or another person in danger of death or grievous bodily harm,
subject to imprisonment under 3.
§ 2. Do not commit a crime, who is not assisting, which is necessary to undergo a medical operation, or under conditions, in which it is possible to prompt assistance from the institution or person appointed to this.
Chapter XX. Crimes against public safety
Art. 163. [Causing a hazardous event]
§ 1. Who brings the event, which threatens the life or health of many persons or to property in large sizes, in the form:
1) fire,
2) collapse of the buildings, flooding or landslides, rocks or snow,
3) blasting explosives or inflammable or other sudden release of energy, the spread of toxic substances, asphyxiating or stinging,
4) sudden release of nuclear energy or ionizing radiation release,
be punished by imprisonment of one to years 10.
§ 2. If the perpetrator acts unintentionally,
be punished by imprisonment of 3 months to five years 5.
§ 3. If the act specified in § 1 man is death or serious bodily injury of many people, perpetrator
subject to imprisonment for years 2 do 12.
§ 4. If the act specified in § 2 man is death or serious bodily injury of many people, perpetrator
be punished by imprisonment of 6 months to five years 8.
Art. 164. [Immediate danger]
§ 1. Who brings immediate danger of the events specified in Article. 163 § 1,
be punished by imprisonment of 6 months to five years 8.
§ 2. If the perpetrator acts unintentionally,
subject to imprisonment under 3.
Art. 165. [Other dangers]
§ 1. [105] Who brings danger to life or health of many persons or to property in large sizes:
1) epidemiological or risk causing the spread of infectious disease or contagious animal or plant,
2) honed or entering the market of substances harmful to health, foodstuffs or other articles of everyday use, or pharmaceuticals that do not meet the applicable conditions of quality,
3) causing damage or disable your utilities, in particular, the unit supplying water, light, heat, gas, energy or safety device, before a public danger, or used for its repeal,
4) disturbing, preventing or otherwise affecting the automatic processing, collection or transmission of computer data,
5) otherwise acting in circumstances of high risk,
be punished by imprisonment of 6 months to five years 8.
§ 2. If the perpetrator acts unintentionally,
subject to imprisonment under 3.
§ 3. If the act specified in § 1 man is death or serious bodily injury of many people, perpetrator
subject to imprisonment for years 2 do 12.
§ 4. If the act specified in § 2 man is death or serious bodily injury of many people, perpetrator
be punished by imprisonment of 6 months to five years 8.
Art. 165a. [The financing of a terrorist offense] [106]
Who collects, provide or offer means of payment, financial instruments, securities, foreign exchange, property rights or other movable or immovable property in order to finance a terrorist offense,
subject to imprisonment for years 2 do 12.
Art. 166. [Piracy]
§ 1. Who, using deceit or violence to person or threatened immediate use of such violence, takes control of the ship or aircraft,
subject to imprisonment for years 2 do 12.
§ 2. Who, acting in the manner specified in § 1, brings immediate danger to life or health of many people,
be punished by imprisonment for not less than years 3.
§ 3. If the act specified in § 2 man is death or serious bodily injury of many people, perpetrator
be punished by imprisonment for not less than years 5 or the penalty 25 years imprisonment.
Art. 167. [Dangerous devices or substances]
§ 1. Who puts on a ship or aircraft equipment or material that endangers the safety of persons or property of considerable value,
be punished by imprisonment of 3 months to five years 5.
§ 2. The same penalty shall, who destroys, damages or renders unusable or navigation device makes it impossible to support, where it can endanger the safety of persons.
Art. 168. [Preparation]
Whoever makes preparations for an offense referred to in Article. 163 § 1, art. 165 § 1, art. 166 § 1 or Articles. 167 § 1,
subject to imprisonment under 3.
Art. 169. [Active grief]
§ 1. Not be punished for an offense referred to in Article. 164 or 167 perpetrator, who voluntarily averted the impending danger.
§ 2. The perpetrator of an offense referred to in Article. 163 § 1 or 2, art. 165 § 1 or 2 or Articles. 166 § 2 the court may apply extraordinary mitigation of punishment, if the offender voluntarily averted the danger threatening the life or health of many people.
§ 3. The perpetrator of an offense referred to in Article. 166 § 1 the court may apply extraordinary mitigation of punishment, where the offender gave the ship or control of the person entitled.
Art. 170. [Marine Rozbójnictwo]
Who prepares arms or ship designed to carry out the robbery at sea or on a ship takes service,
be punished by imprisonment of one to years 10.
Art. 171. [Hazardous measures]
§ 1. Who, without the required permit or in violation of the terms, kneading, processes, collects, has, uses or sells an explosive substance or device, radioactive material, ionizing radiation emitter, or other object or substance, that could bring danger to life or health of many persons or property in large sizes,
be punished by imprisonment of 6 months to five years 8.
§ 2. The same penalty shall, Who against the obligation allows the act specified in § 1.
§ 3. The same penalty shall, Who objects defined in § 1 unauthorized person withdraws.
Art. 172. [Obstructing rescue]
Whoever interferes with treatment in order to prevent danger to life or health of many persons or property in large sizes,
be punished by imprisonment of 3 months to five years 5.
Chapter XXI. Crimes against safety in traffic
Art. 173. [Disaster]
§ 1. Who brings disaster in land traffic, or aircraft threatening the life or health of many persons or property in large sizes,
be punished by imprisonment of one to years 10.
§ 2. If the perpetrator acts unintentionally,
be punished by imprisonment of 3 months to five years 5.
§ 3. If the act specified in § 1 man is death or serious bodily injury of many people, perpetrator
subject to imprisonment for years 2 do 12.
§ 4. If the act specified in § 2 man is death or serious bodily injury of many people, perpetrator
be punished by imprisonment of 6 months to five years 8.
Art. 174. [Risk of disaster]
§ 1. Who comes in immediate danger of land traffic crash, or aircraft,
be punished by imprisonment of 6 months to five years 8.
§ 2. If the perpetrator acts unintentionally,
subject to imprisonment under 3.
Art. 175. [Preparation]
Whoever makes preparations for an offense referred to in Article. 173 § 1,
subject to imprisonment under 3.
Art. 176. [Active grief]
§ 1. Perpetrator is not punishable offense referred to in Article. 174, who voluntarily averted the impending danger.
§ 2. The perpetrator of an offense referred to in Article. 173 § 1 or 2 the court may apply extraordinary mitigation of punishment, if the offender voluntarily averted the danger threatening the life or health of many people.
Art. 177. [Accident]
§ 1. Who, Notwithstanding the, even inadvertently, safety in land traffic, or aircraft, inadvertently causes an accident, in which another person suffered bodily injury as defined in Article. 157 § 1,
subject to imprisonment under 3.
§ 2. If the accident is the death of another person or serious damage to her health, perpetrator
be punished by imprisonment of 6 months to five years 8.
§ 3. If the injured person is only the closest, prosecution of the offense specified in § 1 is at its request.
Art. 178. [Stricter liability] [107]
§ 1. Convicting the offender, who has committed an offense referred to in Article. 173, 174 or 177 Finding himself in a state of intoxication or under the influence of narcotic or fled from the scene, the court decides a term of imprisonment provided for the offense attributed to the perpetrator from the bottom of the statutory minimum increased by half the upper limit that risk increased by half.
§ 2. [108](repealed)
Art. 178a. [Drunk driving] [109]
§ 1. Who, Finding himself in a state of intoxication or under the influence of intoxicating, conducts motor vehicle in motion by land, or aircraft,
subject to a fine, imprisonment or imprisonment for years 2.
§ 2.[110] Who, Finding himself in a state of intoxication or under the influence of intoxicating, carries on a public road, in a residential area or are moving another vehicle than that specified in § 1,
subject to a fine, imprisonment or imprisonment for a year.
§ 3. [111](repealed)
§ 4.[112] If the perpetrator of the act specified in § 1 has previously been finally convicted for running a motor vehicle in a state of intoxication or under influence of intoxicant or for an offense referred to in Article. 173, 174, 177 lub art. 355 § 2 committed in a state of intoxication or under influence of intoxicant or committed an act specified in § 1 during the period of driving disqualifications imposed in connection with the conviction of an offense,
be punished by imprisonment of 3 months to five years 5.
Art. 179. [Responsibility dispatcher] [113]
Who against specific duties, allows the movement of a motor vehicle or other vehicle capable of directly threatening the security in land traffic, or aircraft, or permit to drive a motor vehicle or other vehicle on a public road, in a residential area or zone of movement by a person in a state of intoxication, under the influence of a drug or a person not holding the required license,
subject to a fine, imprisonment or imprisonment for years 2.
Art. 180. [Intoxication]
Who, Finding himself in a state of intoxication or under the influence of intoxicating, Fully activities related directly to the safety of motor vehicles,
be punished by imprisonment of 3 months to five years 5.
Chapter XXII. Crimes against the environment
Art. 181. [Destruction]
§ 1. Who will cause damage in the vegetable or animal in large sizes,
be punished by imprisonment of 3 months to five years 5.
§ 2. Who, contrary to the provisions in force in the area to be protected, destroys or damages plants or animals causing serious damage,
subject to a fine, imprisonment or imprisonment for years 2.
§ 3. Penalty specified in § 2 is also subject to this, who regardless of where the act destroys or damages plants or animals which are under the protection of species, causing serious damage.
§ 4. If the perpetrator of the act specified in § 1 of unintentional,
subject to a fine, imprisonment or imprisonment for years 2.
§ 5. If the perpetrator of the act specified in § 2 or 3 of unintentional,
subject to a fine or imprisonment.
Art. 182. [Contamination]
§ 1. Who pollutes water, air or ground substance or ionizing radiation in such quantity or in the form, that it may endanger the life or health of many people or cause damage in the vegetable or animal in large sizes,
be punished by imprisonment of 3 months to five years 5.
§ 2. If the perpetrator acts unintentionally,
subject to a fine, imprisonment or imprisonment for years 2.
Art. 183. [Waste] [114]
§ 1. Who is in violation of the stores, deletes, processes, makes recovery, transports or disposes of waste or substances in such circumstances or in such a way, that it may endanger the life or health of many people or cause damage in the vegetable or animal in large sizes,
be punished by imprisonment of 3 months to five years 5.
§ 2. The same penalty shall, who is in violation of the substance imported from abroad, threatening the environment.
§ 3. Penalty specified in § 1 be, Who against the obligation allows the act specified in § 1, 2 i 4.
§ 4. Penalty specified in § 1 be, Whoever, in violation of foreign waste imports or exports waste abroad.
§ 5. Who without the required permit application or, or against its conditions imported from abroad or exported abroad for hazardous waste,
be punished by imprisonment of 6 months to five years 8.
§ 6. If the perpetrator of the act specified in § 1-5 of unintentional, subject to a fine, imprisonment or imprisonment for years 2.
Art. 184. [Radioactive Materials]
§ 1. Who carries, collects, stores, abandoned or left without proper safeguards the nuclear material or other source of ionizing radiation, if it could endanger human life or health or cause damage in the vegetable or animal in large sizes,
be punished by imprisonment of 3 months to five years 5.
§ 2. The same penalty shall, Who against the obligation allows the act specified in § 1.
§ 3. If the perpetrator of the act specified in § 1 or 2 of unintentional,
subject to a fine, imprisonment or imprisonment for years 2.
Art. 185. [Serious consequences]
§ 1. If the act specified in Article. 182 § 1, art. 183 § 1 or 3 or Articles. 184 § 1 or 2 the destruction in the vegetable or animal in large sizes, perpetrator
be punished by imprisonment of 6 months to five years 8.
§ 2. If the act specified in Article. 182 § 1, art. 183 § 1 or 3 or Articles. 184 § 1 or 2 man is death or serious bodily injury of many people, perpetrator
subject to imprisonment for years 2 do 12.
Art. 186. [Failure to]
§ 1. Who against the obligation not maintained in good condition or does not use water-safety devices, air or ground contamination or devices to prevent or ionizing radiation,
subject to a fine, imprisonment or imprisonment for years 2.
§ 2. The same penalty shall, who gives or in violation of the obligation to allow the use of the work or group of objects that do not have the legally required equipment as specified in § 1.
§ 3. If the perpetrator of the act specified in § 1 or 2 of unintentional,
subject to a fine or imprisonment.
Art. 187. [The grounds and buildings protected]
§ 1. Who destroys, seriously damage or substantially reduces the value of legally protected natural area or facility, causing material injury,
subject to a fine, imprisonment or imprisonment for years 2.
§ 2. If the perpetrator acts unintentionally,
subject to a fine or imprisonment.
Art. 188. [Harmful activities]
Who, the area to be protected for reasons of natural or scenic or at the edge of this area, contrary to, raises new or expanding an existing building or runs a business-threatening environment,
subject to a fine, imprisonment or imprisonment for years 2.
Chapter XXIII. Offences against liberty
Art. 189. [Deprivation of liberty]
§ 1. Who denies human freedom,
be punished by imprisonment of 3 months to five years 5.
§ 2.[115] If the detention lasted longer than 7 days, perpetrator
be punished by imprisonment of one to years 10.
§ 3.[116] If deprivation of liberty, referred to in § 1 or 2, was associated with a particular torment, perpetrator
be punished by imprisonment for not less than years 3
Art. 189a. [Trade ludźmi] [117]
§ 1. Who is allowed to trafficking,
be punished by imprisonment for not less than years 3.
§ 2. Whoever makes preparation to commit an offense specified in § 1,
be punished by imprisonment of 3 months to five years 5.
Art. 190. [Physical threats]
§ 1. Whoever threatens another person to commit an offense harm or injury to persons near, if the threat causes the risk-founded fear of, it will be fulfilled,
subject to a fine, imprisonment or imprisonment for years 2.
§ 2. The prosecution proceeded on the request of the victim.
Art. 190a(comes from 2011-06-06)
Art. 191. [Forcing]
§ 1. Whoever uses violence against a person or an illegal threat to compel another person to a particular action, abandonment or removal,
subject to imprisonment under 3.
§ 2. If the perpetrator acts in the manner specified in § 1 to enforce the repayment of debt,
be punished by imprisonment of 3 months to five years 5.
Art. 191a. [Maintain the image of a naked person without her consent] [118]
§ 1. Who perpetuates the image of a naked person or persons during sexual activity, using for this purpose to the violence, unlawful threat or deception, or image of a naked person or persons during sexual activity without her consent, disseminates,
be punished by imprisonment of 3 months to five years 5.
§ 2. The prosecution proceeded on the request of the victim.
Art. 192. [Medical treatment without consent]
§ 1. Who does medical treatment without consent,
subject to a fine, imprisonment or imprisonment for years 2.
§ 2. The prosecution proceeded on the request of the victim.
Art. 193. [Inviolability of the home]
Who breaks into someone else's home, housing, premises, room or fenced area or against the request of the person entitled does not leave this place,
subject to a fine, imprisonment or imprisonment for a year.
Chapter XXIV. Offences against freedom of conscience and religion
Art. 194. [Limitation of rights]
Who reduces a man in his rights because of his religious affiliation or denomination,
subject to a fine, imprisonment or imprisonment for years 2.
Art. 195. [Obstructing acts of religious]
§ 1. Whoever maliciously interferes with a public performance of a religious ceremony or religious association with regulated legal status,
subject to a fine, imprisonment or imprisonment for years 2.
§ 2. The same penalty shall, anyone who maliciously interferes with a funeral, celebrations or mourning ceremonies.
Art. 196. [Insult the religious feelings]
Whoever offends the religious feelings of others, outraging public an object of religious worship or space for the public performance of religious rites,
subject to a fine, imprisonment or imprisonment for years 2.
Chapter XXV. Crimes against sexual freedom and decency
Art. 197. [Rape] [119]
§ 1. Who violence, illegal threat, or deceit subjects another person to sexual intercourse,
subject to imprisonment for years 2 do 12.
§ 2. If the perpetrator, as specified in § 1, another person to submit to another sexual act or to perform such an act, be punished by imprisonment of 6 months to five years 8.
§ 3.[120] If the perpetrator commits rape:
1) jointly with another person,
2) against a minor under the age of 15,
3) to pre-, descendant, the adopted, adoptive, brother or sister,
be punished by imprisonment for not less than years 3.
§ 4. If the perpetrator of the act specified in § 1-3 acts with particular cruelty, be punished by imprisonment for not less than years 5.
Art. 198. [Use of helplessness, impairment]
Who, using the helplessness of another person or because of mental retardation or mental illness, lack of ability of the person to recognize the importance of the act or direct his actions, leads her to sexual intercourse or to submit to another sexual act or to perform such an act,
be punished by imprisonment of 6 months to five years 8.
Art. 199. [Depending Abuse] [121]
§ 1. Who, by abusing a relationship of dependency or the use of critical position, another person to sexual intercourse or to submit to another sexual act or to perform such an act,
subject to imprisonment under 3.
§ 2. If the act specified in § 1 was committed to the detriment of a minor, the offender be punished by imprisonment of 3 months to five years 5.
§ 3. Penalty specified in § 2 be, who brings a minor to sexual intercourse or to take other sexual act or to perform such an act, abuse of trust or giving him material or personal benefit, or her promise.
Art. 200. [Sexual intercourse with a minor] [122]
§ 1. Who lives among sexually with a minor under the age of 15 or allowed to such person or any other sexual activity leads her to submit to such operations or to execute them,
subject to imprisonment for years 2 do 12.
§ 2. The same penalty shall, who, in order to satisfy the sexual presents a minor under the age of 15 performance of sexual activity.
Art. 200a. [Forbidden to make contact with a minor] [123]
§ 1. Who is to commit an offense referred to in Article. 197 § 3 Item 2 lub art. 200, as well as the production of pornography or fixing, via a data or telecommunications network makes contact with a minor under the age of 15, aiming, by deceived, exploit the error or the inability to properly understand the situation or by threat of unlawful, to meet with him,
subject to imprisonment under 3.
§ 2. Who is via a data or telecommunications network a minor under the age of 15 proposal consists of sexual intercourse, submit to or perform another sexual act or participate in the production of pornography or perpetuating, and tends to carry it out,
subject to a fine, imprisonment or imprisonment for years 2.
Art. 200b. [Prohibition of public promotion of behavior of a pedophile] [124]
Whoever publicly promotes and applauds behavior of a pedophile,
subject to a fine, imprisonment or imprisonment for years 2.
Art. 201. [Incest]
Whoever commits sexual intercourse in relation to the preliminary, descendant, the adopted, adoptive, brother or sister,
be punished by imprisonment of 3 months to five years 5.
Art. 202. [Pornography] [125]
§ 1. Whoever publicly presents pornographic material in such a way, that it may impose on their receipt to the person, who does not wish to,
subject to a fine, imprisonment or imprisonment for a year.
§ 2. Who is a minor under the age of 15 presents pornography or objects to make him such a character, or distribute pornographic material in a way that such a minor read them,
subject to a fine, imprisonment or imprisonment for years 2.
§ 3.[126] Who is to spread produces, perpetuates or reduced, holds or possesses or distributes, or publicly presents pornographic material involving minors or pornography related to presentation of violence or the use of animal,
be punished by imprisonment of 6 months to five years 8.
§ 4.[127] Who records pornographic material involving a minor under the age of 15,
be punished by imprisonment of one to years 10.
§ 4a[128] . Who brings, holds or possesses pornographic material involving a minor under the age of 15,
be punished by imprisonment of 3 months to five years 5.
§ 4b.[129] Who produces, disseminates, presents, holds or possesses pornographic content of manufactured or processed image of a minor involved in sexual activity
subject to a fine, imprisonment or imprisonment for years 2.
§ 5.[130] The court may order the forfeiture of tools or other objects, which were used or were intended to commit the offenses referred to in § 1-4b, even if not a property of the perpetrator.
Art. 203. [Forced into prostitution]
Who, violence, illegal threat, deceit or by using a relationship of dependency or critical location, another person to practice prostitution,
be punished by imprisonment of one to years 10.
Art. 204. [Pimping, and pimping]
§ 1. Who, the purpose of making profit, urges another person to practice prostitution or facilitates it,
subject to imprisonment under 3.
§ 2. Penalty specified in § 1 be, who receives financial benefits from prostitution by another person.
§ 3. Where the person referred to in § 1 or 2 is a minor, perpetrator
be punished by imprisonment of one to years 10.
§ 4. [131](repealed)
Art. 205. [The prosecution at the request of] [132]
The prosecution of the offenses referred to in Article. 197 or 199 § 1, as well as in art. 198, if specified in that provision does not state the victim is the result of persistent mental disorders, occurs at the request of the victim.
Chapter XXVI. Crimes against the family and care
Art. 206. [Bigamy]
Who has a marriage, despite the fact that married,
subject to a fine, imprisonment or imprisonment for years 2.
Art. 207. [Bullying]
§ 1. Whoever torments either physically or psychologically a person near or over another person being in a permanent or transient depending on the relationship of the perpetrator or the minor or helpless person because of her mental or physical,
be punished by imprisonment of 3 months to five years 5.
§ 2. If the act specified in § 1 is connected with a particular cruelty, perpetrator
be punished by imprisonment of one to years 10.
§ 3. If the act specified in § 1 or 2 victim is a suicide attempt on his life, perpetrator
subject to imprisonment for years 2 do 12.
Art. 208. [Rozpijanie]
Who rozpija minor, providing him with alcoholic beverages, facilitating its consumption, or persuade him to eat this drink,
subject to a fine, imprisonment or imprisonment for years 2.
Art. 209. [Evading the alimony] [133]
§ 1. Who persistently fails to comply with its obligation by law or judicial decision by niełożenie duty of care to maintain a next of kin or another person, and thus puts them in the inability to meet basic living needs, subject to a fine, imprisonment or imprisonment for years 2.
§ 2. The prosecution proceeded on the request of the victim, welfare authority or body taking action against the debtor to pay maintenance.
§ 3. If the injured person assigned an appropriate family benefits or cash benefits in case of ineffective enforcement of child support, prosecution shall be ex officio.
Art. 210. [Abandonment]
§ 1. Who against the obligation of taking care of a minor under the age of 15 or a helpless person because of her mental or physical person that abandons,
subject to imprisonment under 3.
§ 2. If the act is the death of the person referred to in § 1, perpetrator
be punished by imprisonment of 6 months to five years 8.
Art. 211. [Abduction]
Who, against the will of the person for the care or supervision, abducts or retains a minor under the age of 15 or helpless person because of her mental or physical,
subject to imprisonment under 3.
Art. 211a. [Organizing for adoption in violation of the Act] [134]
Who, the purpose of making profit, organizes the adoption of children in violation of the Act,
be punished by imprisonment of 3 months to five years 5.
Chapter XXVII. Crimes against honor and bodily inviolability
Art. 212. [Defamation]
§ 1.[135] Who imputes to another person, a group of people, institution, legal person or organizational unit without legal personality of such behavior or characteristics, that may humiliate her in public or expose to loss of trust necessary for the job, profession or type of business,
subject to a fine or imprisonment.
§ 2.[136] If the perpetrator commits the act specified in § 1 by means of mass communication,
subject to a fine, imprisonment or imprisonment for a year.
§ 3. In the event of a conviction for an offense specified in § 1 or 2 the court may order the interest in the victim, Polish Red Cross or to any other social goals as indicated by the victim.
§ 4. Prosecution of the offense specified in § 1 or 2 is private prosecution.
Art. 213. [No offense]
§ 1. There is no offense referred to in Article. 212 § 1, Non-public if the allegation made is true.
§ 2.[137] Does not commit an offense referred to in Article. 212 § 1 or 2, the public who raises a genuine complaint or advertises:
1) concerning the conduct of a person discharging a public function or
2) serving socially legitimate interest in defending.
If the complaint relates to private or family life, evidence of the truth can be performed only, where the allegation is to prevent danger to life or human health or the corruption of a minor.
Art. 214. [Develop]
No offense arising from the reasons specified in Article. 213 does not exclude the perpetrator of an insult because of the increase or broadcast form of plea.
Art. 215. [Publication of judgment]
At the request of the victim the court shall enter judgment of conviction to the public.
Art. 216. [Insult]
§ 1. Anyone who insults another person in his presence, or even in her absence, but in public or with the intention, to insult the people that came,
subject to a fine or imprisonment.
§ 2. Anyone who insults another person by means of mass communication,
subject to a fine, imprisonment or imprisonment for a year.
§ 3. If the insult caused defiant behavior of the victim or where the victim answered the violation of personal inviolability or insult each other, the court may waive the penalty.
§ 4. In the event of a conviction for an offense specified in § 2 the court may order the interest in the victim, Polish Red Cross or to any other social goals as indicated by the victim.
§ 5. The prosecution is private prosecution.
Art. 217. [Assault]
§ 1. Whoever strikes a man, or otherwise breaches his personal inviolability,
subject to a fine, imprisonment or imprisonment for a year.
§ 2. If the assault resulted in challenging behavior of the victim or where the victim answered the integrity violation, the court may waive the penalty.
§ 3. The prosecution is private prosecution.
Art. 217a. [Protection of public officers] [138]
Whoever strikes a man, or otherwise breaches his personal inviolability in respect of intervention undertaken by him for the protection of human safety or to protect the security or public order,
subject to a fine, imprisonment or imprisonment for years 2.
Chapter XXVIII. Offences against the rights of people performing paid work
Art. 218. [Malicious rights violations]
§ 1. Who, following the steps in matters of labor law and social security, maliciously or persistently infringes the rights of the worker resulting from employment or social insurance,
subject to a fine, imprisonment or imprisonment for years 2.
§ 2. The person referred to in § 1, refusing to employ the re-, held by the restoration of the competent authority,
subject to a fine, imprisonment or imprisonment for a year.
§ 3.[139] The person referred to in § 1, who, being obliged to pay a court judgment remuneration or other benefit from the employment relationship, this obligation does not
– subject to a fine, imprisonment or imprisonment for years 3.
Art. 219. [Failure to report data]
Whoever violates the provisions of law on social security, not reporting, even with the consent of the person concerned, required data or submitting false information affecting entitlement to benefits or the amount,
subject to a fine, imprisonment or imprisonment for years 2.
Art. 220. [Exposure to danger]
§ 1. Who, being responsible for the health and safety, fails to fulfill the resulting requirement and thus exposes the employee to immediate danger of loss of life or serious bodily injury,
subject to imprisonment under 3.
§ 2. If the perpetrator acts unintentionally,
subject to a fine, imprisonment or imprisonment for a year.
§ 3. No offender shall be punished, who voluntarily averted the impending danger.
Art. 221. [Failure of the accident]
Who against the obligation does not inform the competent authority within a work accident or occupational disease or did not compile or does not present the required documentation,
subject to a fine up to 180 daily rates or imprisonment.
Chapter XXIX. Offences against the activities of state and local government
Art. 222. [Officer assault]
§ 1. Those who infringe the physical integrity of a public official or person to help him to foster during or in connection with the performance of official duties,
subject to a fine, imprisonment or imprisonment for years 3.
§ 2. If the act specified in § 1 resulted in inappropriate behavior of the officer or person to help him to foster, the court may apply extraordinary mitigation of punishment, and even renounce its imposition.
Art. 223. [Assault] [140]
§ 1. Who, acting jointly and in concert with another person or using a firearm, knife or other dangerous object or similar means overpowering, may be an assault on a public official or person to help him dressed during or in connection with the performance of official duties,
be punished by imprisonment of one to years 10.
§ 2. If the assault occurred as a result of the effect of serious injury to a public official or person to help him to foster, perpetrator
subject to imprisonment for years 2 do 12.
Art. 224. [Extortion]
§ 1. Whoever by force or threat of unlawful influence the activity of an organ of government, other state authority or local government,
subject to imprisonment under 3.
§ 2. The same penalty shall, who uses violence or makes unlawful threat to compel a public officer or person to help him to take his adopted legal acts or omissions of duty.
§ 3. If the act specified in § 2 is the effect specified in Article. 156 § 1 or Articles. 157 § 1, perpetrator
be punished by imprisonment of 3 months to five years 5.
Art. 225. [Disruption of ecological monitoring]
§ 1. Who is the person authorized to conduct inspections in the field of environmental protection or the person to help foster its Obstructing execution of business activities,
subject to imprisonment under 3.
§ 2. The same penalty shall, person who is entitled to control the labor inspectorate or a person to help foster its Obstructing execution of business activities.
§ 3. [141](repealed)
§ 4.[142] The same penalty shall, person who is authorized to perform the activities of supervision and control of the organizational units of social assistance or in institutions providing day care for people with disabilities, chronically ill or elderly persons Obstructing execution of official duties.
Art. 226. [Insulting]
§ 1.[143] Anyone who insults a public official or person to help him to foster, during and in connection with official duties,
subject to a fine, imprisonment or imprisonment for a year.
§ 2. The provision of Article. 222 § 2 shall apply mutatis mutandis.
§ 3. Whoever publicly insults or humiliates a constitutional institution of the Republic of Polish,
subject to a fine, imprisonment or imprisonment for years 2.
Art. 227. [Embezzlement function]
Who, claiming to be a public official, or exploiting the erroneous conviction of another person, performs the action associated with the function,
subject to a fine, imprisonment or imprisonment for a year.
Art. 228. [Venality] [144]
§ 1. Who, in the exercise of public functions, accepts financial or personal benefit or the promise,
be punished by imprisonment of 6 months to five years 8.
§ 2. In the case of minor, perpetrator
subject to a fine, imprisonment or imprisonment for years 2.
§ 3. Who, in the exercise of public functions, accepts financial or personal benefit or the promise of the conduct constituting the breach of the law,
be punished by imprisonment of one to years 10.
§ 4. Penalty specified in § 3 is also subject to this, who, in the exercise of public functions, conditional upon the business activities of the receipt of material or personal benefit or the promise or the benefits of demand.
§ 5. Who, in the exercise of public functions, accepts a substantial benefit or its promise of value,
subject to imprisonment for years 2 do 12.
§ 6. Penalties specified in § 1-5 This shall also be imposed, who, in the exercise of public functions in a foreign country or international organization, accepts financial or personal benefit or the promise or the benefits of demand, or conditional upon the business activities of its receipt.
Art. 229. [Bribery] [145]
§ 1. Whoever gives or promises to provide material or personal benefit to the person discharging a public function in connection with the performance of this function,
be punished by imprisonment of 6 months to five years 8.
§ 2. In the case of minor, perpetrator
subject to a fine, imprisonment or imprisonment for years 2.
§ 3. If the perpetrator of the act specified in § 1 works, to induce a person exercising a public function in a violation of law or gives or promises to grant to such person or personal financial gain for the breach of the law,
be punished by imprisonment of one to years 10.
§ 4. Who is the person discharging a public function, in connection with the performance of this function, grants or promises to provide a material benefit of considerable value,
subject to imprisonment for years 2 do 12.
§ 5. Penalties specified in § 1-4 This shall also be imposed, who gives or promises to provide material or personal benefit to the person discharging a public function in a foreign country or international organization, in connection with the performance of this function.
§ 6. No offender shall be punished as specified in § 1-5, if the financial or personal benefit or a promise has been adopted by a person exercising a public function, and the offender notified of this fact the body responsible for law enforcement and disclose all the relevant circumstances of the offense, before this authority learned about it.
Art. 230. [Pay favoritism] [146]
§ 1. Who, referring to the influence of state institutions, local, international organization or a foreign national or organizational entity administering public funds, or causing another person's belief or affirmation of her belief in the existence of such influences, take the agency in your behalf in exchange for financial or personal benefit or the promise,
be punished by imprisonment of 6 months to five years 8.
§ 2. In the case of minor, perpetrator
subject to a fine, imprisonment or imprisonment for years 2.
Art. 230a. [Pay favoritism; immunity clause] [147]
§ 1. Whoever gives or promises to provide material or personal benefits in exchange for mediation in settling the matter in a state institution, local, international organization or a foreign national or organizational entity administering public funds, wywarciu unlawfully influence the decision, act or omission of a person holding public office, in connection with the performance of this function,
be punished by imprisonment of 6 months to five years 8.
§ 2. In the case of minor, perpetrator
subject to a fine, imprisonment or imprisonment for years 2.
§ 3. No offender shall be punished as specified in § 1 albo w § 2, if the financial or personal benefit or a promise to have been adopted, and the offender notified of this fact the body responsible for law enforcement and disclose all the relevant circumstances of the offense, before this authority learned about it.
Art. 231. [Abuse of functions]
§ 1. A public, which, exceeding their powers or failing to satisfy the obligations, acts to the detriment of public or private,
subject to imprisonment under 3.
§ 2. If the perpetrator commits the act specified in § 1 in order to gain financial or personal,
be punished by imprisonment of one to years 10.
§ 3. If the perpetrator of the act specified in § 1 acts negligently and causes serious damage,
subject to a fine, imprisonment or imprisonment for years 2.
§ 4. The provision of § 2 not applicable, if the act constitutes an offense referred to in Article. 228.
Art. 231a. [Legal protection for public officials] [148]
The legal protection provided to public officials during or in connection with the performance of official duties, even if the public uses, if the unlawful attack on his person was taken because it was operated by the profession or position.
Chapter XXX. Offences against the administration of justice
Art. 232. [Violence and the threat of unlawful] [149]
§ 1. Whoever by force or threat of unlawful influence the official acts of the court,
be punished by imprisonment of 3 months to five years 5.
§ 2. The same penalty shall apply to the perpetrator of the offense specified in § 1, committed to the detriment of the international criminal tribunal or authority acting under an international agreement, which the Republic of Poland is a party, or appointed by an international organization constituted an agreement ratified by the Polish Republic.
Art. 233. [False testimony]
§ 1. Who, making a statement to serve as evidence in legal proceedings or other proceedings conducted pursuant to the Act, testifying untruthfully or conceal the truth,
subject to imprisonment under 3.
§ 2. The condition of responsibility is, to taking testimony, acting within its powers, warned giving evidence of criminal liability for false testimony, or received from him a promise.
§ 3. Is not punishable, who, not knowing about the right to refuse testimony or answers to questions, makes a false statement for fear of criminal liability to himself or his immediate.
§ 4. Who, as an expert, expert or translator, presents a false opinion or translation to serve as evidence in a proceeding pursuant to § 1,
subject to imprisonment under 3.
§ 5. The court may apply extraordinary mitigation of punishment, and even renounce its imposition, if:
1) false testimony, opinion or translation concerns circumstances are not likely to affect the outcome of the proceedings,
2) offender voluntarily shall correct the false testimony, opinion or translation, before major, even invalid, resolution of the case.
§ 6. The provisions of § 1-3 and 5 shall apply mutatis mutandis to a person, who makes a false statement, where a provision of the Act provides for the possibility to withdraw a statement under penalty of criminal.
Art. 234. [False accusation] [150]
Who, before a body set up to investigate or adjudicate on matters of crime, including the tax offense, offense, treasury offense or disciplinary offense, falsely accuses another person of committing these offenses or disciplinary offenses, subject to a fine, imprisonment or imprisonment for years 2.
Art. 235. [False evidence] [151]
Who, by creating false evidence, or other deceptive treatments, directed against a person prosecuting a crime, including the tax offense, offense, treasury offense or disciplinary offense, or in the course of treatments such przedsiębierze,
subject to imprisonment under 3.
Art. 236. [Concealment of innocence]
§ 1.[152] Who hides the evidence of innocence of a person suspected of committing a crime, including tax and crime, misconduct, tax offense or disciplinary offense,
subject to a fine, imprisonment or imprisonment for years 2.
§ 2. Is not punishable, who suppresses evidence of innocence for fear of criminal liability to himself or his immediate.
Art. 237. [Mitigate or waive the penalty]
The provision of Article. 233 § 5 Item 2 shall apply mutatis mutandis to the offenses referred to in Article. 234, art. 235 and Articles. 236 § 1.
Art. 238. [Notice of the crime niepopełnionym] [153]
Who is notified of the crime, or a fiscal offense prosecution authority appointed to knowing, that crimes are not committed,
subject to a fine, imprisonment or imprisonment for years 2.
Art. 239. [Partisanship]
§ 1.[154] Who disturbs or hinders the criminal proceedings, helping the offender, in this and avoid a fiscal offense of criminal responsibility, in particular, the perpetrator who conceals, obliterates the traces of the crime, including the fiscal offense or the offender is punished,
be punished by imprisonment of 3 months to five years 5.
§ 2. No offender shall be punished, which conceals the person closest.
§ 3. The court may apply extraordinary mitigation of punishment, and even renounce its imposition, if the offender has given assistance to a person near or acted out of fear of criminal liability to himself or his immediate.
Art. 240. [Failure of the crime]
§ 1.[155] Who, having reliable information about a punishable preparation or attempted or actual criminal offenses referred to in Article. 118,118a, 120-124, 127, 128, 130, 134, 140, 148, 163, 166, 189, 189a § 1, art. 252 or a terrorist offense, does not inform immediately the body responsible for law enforcement,
subject to imprisonment under 3.
§ 2. Do not commit the offense specified in § 1, who failed to notice, having sufficient reason to believe, that specified in § 1 body knows about being prepared, usiłowanym act prohibited or made; does not commit the crimes that, prevented the commission who prepared or attempted offense specified in § 1.
§ 3. Is not punishable, who failed to notice for fear of criminal liability to himself or his immediate.
Art. 241. [Dissemination of messages]
§ 1. Whoever without authority publicly disseminates news from the pre-trial, before they were disclosed in court proceedings,
subject to a fine, imprisonment or imprisonment for years 2.
§ 2. The same penalty shall, who publicly disseminates news from the trial conducted in camera.
Art. 242. [Samouwolnienie the]
§ 1. Who frees itself, being deprived of their liberty on the basis of a legal judgment or order issued by another state authority,
subject to a fine, imprisonment or imprisonment for years 2.
§ 2. Who, using a temporary permit to leave the prison or detention center without supervision, without just cause does not return within a maximum of 3 days after the deadline,
subject to a fine, imprisonment or imprisonment for a year.
§ 3. Penalty specified in § 2 be, who, using the break in serving a prison sentence, without just cause will not return to prison within a maximum of 3 days after the deadline.
§ 4. If the perpetrator of the act specified in § 1 working in concert with others, uses violence or threatens to use or damage the site closure,
subject to imprisonment under 3.
Art. 243. [Release]
Who is the person in custody pursuant to court order or a legal order issued by another state authority or facilitates the release of its escape,
subject to imprisonment under 3.
Art. 244. [Breach of injunction] [156]
Who does not apply to adjudicated by the court ban on taking a position, the profession, business, driving, introduction to game centers and participation in gambling, obligation to refrain from being in certain environments or locations, order to leave the premises jointly occupied with the victim, ban on contact with certain persons, the prohibition of approaching the victim or the prohibition of leaving a particular place of residence without a court order or court order does not execute on a ruling in the manner prescribed,
subject to imprisonment under 3.
Art. 244a. [Failure to prohibit entrance to mass events] [157]
Who does not apply to adjudicated by a court ban on admission to a mass event or connected with the measure, criminal duty appear in person at the Police organizational unit or in a place specified by the competent, due to the domicile of the person convicted or sentenced, commander of the district (District, urban) Police, during the event of mass,
subject to a fine, imprisonment or imprisonment for years 2.
Art. 245. [Forcing a witness]
Whoever uses violence or threats in order to influence a witness, expert, interpreter, prosecutor or the accused or in connection with the breaches his personal inviolability,
be punished by imprisonment of 3 months to five years 5.
Art. 246. [Bullying in order to obtain a statement]
A public official or the, working at his command in order to obtain certain testimony, explanations, information or statement is violent, an illegal threat, or otherwise abusing physically or mentally over another person,
be punished by imprisonment of one to years 10.
Art. 247. [Bullying deprived of their liberty]
§ 1. Whoever torments either physically or psychologically a person deprived of liberty,
be punished by imprisonment of 3 months to five years 5.
§ 2. If the perpetrator acts with particular cruelty,
be punished by imprisonment of one to years 10.
§ 3. A public, who, despite his obligation to allow the act specified in § 1 or 2,
subject to the penalty specified in these regulations.
Art. 247a. [Appropriate application of the provisions] [158]
Articles. 233-237 oraz Article. 239, 245 i 246 shall apply to the act committed in connection with proceedings before an international criminal tribunal or body acting under an international agreement, which the Republic of Poland is a party, or appointed by an international organization constituted an agreement ratified by the Polish Republic.
Chapter XXXI. Offences against the elections and referendum
Art. 248. [Abuse] [159]
Who is in connection with elections to the Sejm, do Senatu, choice of Polish President, European Parliament elections, organs of local government elections or referendum:
1) draw up a list of candidates or voters, without the authorized or unauthorized entry in,
2) uses deception in order incorrectly listing the candidates or voters, protocols and other election documents or referendum,
3) destroys, damage, Hide, processed or falsified records or other documents, election or referendum,
4) may be allowed to abuse or misuse of the adoption or the calculation of votes,
5) departs to another person before the vote unused ballot paper or obtains from another person in order to use the unused ballot in a ballot,
6) allowed to abuse in drafting a letter with the signatures of citizens nominates candidates for election, or initiate a referendum
– subject to imprisonment under 3.
Art. 249. [Obstructing] [160]
Who violence, illegal threat or deceit hinders:
1) hold a meeting before the vote,
2) the free exercise of the right to stand and vote,
3) vote or by calculating the votes,
4) preparation of records or other documents or referendum election,
be punished by imprisonment of 3 months to five years 5.
Art. 250. [Violation of the freedom of voting]
Who, violence, illegal threat, or by abusing a relationship of dependency, exerts influence on the vote of the person entitled, or forces her to vote or refrain from voting,
be punished by imprisonment of 3 months to five years 5.
Art. 250a. [Solicitation of votes] [161]
§ 1. Who, being entitled to vote, accepts financial or personal benefit or the benefit demands for voting a certain way,
be punished by imprisonment of 3 months to five years 5.
§ 2. The same penalty shall, who provide material or personal benefit to the person entitled to vote, to induce her to vote a certain way or for voting in a certain way.
§ 3. In the case of minor, perpetrator of the act specified in § 1 or 2
subject to a fine, imprisonment or imprisonment for years 2.
§ 4. If the perpetrator of the offense specified in § 1 albo w § 3 in conjunction with § 1 notified body responsible for enforcement of the fact of the offense and the circumstances of its commission, before this authority learned about them, the court shall apply extraordinary mitigation of punishment, and may even renounce its imposition.
Art. 251. [Violation of secrecy of voting]
Who, Notwithstanding the provisions of the secrecy of voting, against the will of the voter examines the content of his voice,
subject to a fine, imprisonment or imprisonment for years 2.
Chapter XXXII. Crimes against public order
Art. 252. [Hostage-taking] [162]
§ 1. Whoever takes or detains a hostage to force the government agency or local government, institutions, organization, natural or legal person or group of persons to a particular behavior,
be punished by imprisonment for not less than years 3.
§ 2. If the act specified in § 1 combined with a special torment hostage, perpetrator
be punished by imprisonment for not less than years 5 or the penalty 25 years imprisonment.
§ 3. Whoever makes preparations for the offense specified in § 1,
subject to imprisonment under 3.
§ 4. Not be punished for the offense specified in § 1, who departed from the intent of extortion and hostage released.
§ 5. The court may apply extraordinary mitigation of punishment against the perpetrator of the act specified in § 2, which departed from the intent of extortion and hostage released, and apply extraordinary mitigation of punishment, If the intent of the waiver and release of a hostage to force was voluntarily.
Art. 253. [163]
(repealed)
Art. 254. [Public concourse]
§ 1. Who takes part in knowing zbiegowisku, participants that the combined forces of committing violent attack to person or property,
subject to imprisonment under 3.
§ 2. If the consequence of violent attack is the death of a person or grievous bodily harm, concourse participant as defined in § 1,
be punished by imprisonment of 3 months to five years 5.
Art. 255. [Incitement and the preaching of the crime]
§ 1.[164] Whoever publicly incites to commit a crime or tax offense
subject to a fine, imprisonment or imprisonment for years 2.
§ 2. Whoever publicly incites the commission of the crime,
subject to imprisonment under 3.
§ 3. Who openly encourages crime,
subject to a fine up to 180 daily rates, imprisonment or imprisonment for a year.
Art. 256. [Promotion of fascism and totalitarianism] [165]
§ 1. Whoever publicly promotes fascist or other totalitarian system of state or incites hatred on national, ethnic, racial, religious or because of lack of religious beliefs,
subject to a fine, imprisonment or imprisonment for years 2.
§ 2. The same penalty shall, who produces in order to disseminate, perpetuates or reduced, purchases, stores, has, presents, carries or sends print, recording or other object, containing the content specified in § 1 or being a carrier of fascist symbolism, Communist or other totalitarian.
§ 3. No offense, the offender commits the offense specified in § 2, if he is guilty of this deed in the artistic activities, educational, collector or scientific.
§ 4. In the event of a conviction for an offense specified in § 2 the court shall order the seizure of items, referred to in § 2, even if not a property of the perpetrator.
Art. 257. [Insult of the group or individual]
A person who publicly insults a group of people or a particular person because of their national, ethnic, Racial, religious affiliation or because of its lack of religious beliefs or for such reasons affect the physical integrity of another person,
subject to imprisonment under 3.
Art. 258. [Organized group and conspiracy] [166]
§ 1. Who is involved in an organized group or association aimed at committing an offense or treasury offense,
be punished by imprisonment of 3 months to five years 5.
§ 2. If a group or association specified in § 1 have a military character or to commit a terrorist offense, perpetrator
be punished by imprisonment of 6 months to five years 8.
§ 3. Who is the group or association specified in § 1 including that assumed a military character, or such a group or association directs,
be punished by imprisonment of one to years 10.
§ 4. Who is the group or association to commit a terrorist offense undertaking or group or association directs,
be punished by imprisonment for not less than years 3.
Art. 259. [Active grief] [167]
Not be punished for an offense referred to in Article. 258, who voluntarily withdrew from participation in the group or association and revealed by a body set up to prosecute crimes of all relevant circumstances of the offense or prevent the commission of intentional crimes, including tax and crime.
Art. 260. [Zebrania legal defeat]
Whoever by force or threat of unlawful conduct which is either thwarts lawfully gather, meeting or procession or gathering such, meeting or procession disperses,
subject to a fine, imprisonment or imprisonment for years 2.
Art. 261. [Insult of the monument]
Anyone who insults a monument or other public place decorated to commemorate historical events or honor individuals,
subject to a fine or imprisonment.
Art. 262. [Insult of the body, or ashes grave]
§ 1. Anyone who insults the delay, human ashes or resting place of the deceased,
subject to a fine, imprisonment or imprisonment for years 2.
§ 2. Who robs corpses, grave or other place of repose of the deceased,
be punished by imprisonment of 6 months to five years 8.
Art. 263. [Firearms and ammunition]
§ 1. Whoever, without the required permit is used for making firearms or ammunition or her trades,
be punished by imprisonment of one to years 10.
§ 2. Whoever, without the required permit has a firearm or ammunition,
be punished by imprisonment of 6 months to five years 8.
§ 3. Who, having a permit to possess a firearm or ammunition, make available or transmit it to an unauthorized person,
subject to a fine, imprisonment or imprisonment for years 2.
§ 4. Who unintentionally causes the loss of firearms or ammunition, which in accordance with the law remains in its disposal,
subject to a fine, imprisonment or imprisonment for a year.
Art. 264. [Crossing the border]
§ 1. [168](repealed)
§ 2.[169] Who crosses the border in violation of the Polish Republic, the use of violence, threat, deceit or in cooperation with others, subject to imprisonment under 3.
§ 3. [170] Who organizes others to cross the border in violation of the Polish Republic,
be punished by imprisonment of 6 months to five years 8.
Art. 264a. [Allowing stay in RP] [171]
§ 1. Who, in order to gain financial or personal, enables or facilitates another person stay on Polish territory in violation of the,
be punished by imprisonment of 3 months to five years 5.
§ 2. In exceptional cases, the offender has not reached a financial benefit, the court may apply extraordinary mitigation of punishment, and even renounce its imposition.
Chapter XXXIII. Offences against protection of information
Art. 265. [State secret]
§ 1.[172] Whoever discloses or violation of this Act uses the confidential information of the clause “Secret” or “Top Secret”,
be punished by imprisonment of 3 months to five years 5.
§ 2. If the information specified in § 1 disclosed to a person acting on behalf or on behalf of a foreign entity, perpetrator
be punished by imprisonment of 6 months to five years 8.
§ 3. Who inadvertently discloses information as defined in § 1, which are familiar in connection with the performance of public functions or received authorization,
subject to a fine, imprisonment or imprisonment for a year.
Art. 266. [Professional secrecy]
§ 1. Who, violation of the law or obligation he has undertaken, discloses or uses information, which are familiar in connection with the function, work-, public activity, social, economic or scientific,
subject to a fine, imprisonment or imprisonment for years 2.
§ 2.[173] A public, unauthorized person who discloses classified information in the clause “zastrzeżone” or “Confidential” or information, he received in connection with the performance of official duties, and whose disclosure could damage the legally protected interest,
subject to imprisonment under 3.
§ 3. Prosecution of the offense specified in § 1 occurs at the request of the victim.
Art. 267. [Illegal obtaining information] [174]
§ 1. Whoever, without authorization gains access to information not intended for him, opening a sealed letter, connecting to a telecommunications network or the breaking or bypassing the electronic, Magnetic, or other specific information of its protection,
subject to a fine, imprisonment or imprisonment for years 2.
§ 2. The same penalty shall, who, without authorization gains access to all or part of the information system.
§ 3. The same penalty shall, who, in order to obtain information, which is not authorized, assumes or uses tapping, visual or other equipment or software.
§ 4. The same penalty shall, who obtained in the manner specified in § 1-3 disclose to another person.
§ 5. Prosecution of the offense specified in § 1-4 occurs at the request of the victim.
Art. 268. [Destruction of information]
§ 1. Who, not being authorized, destroys, damage, deletes or changes a record of relevant information, or otherwise significantly impedes or hinders a person empowered become acquainted with it,
subject to a fine, imprisonment or imprisonment for years 2.
§ 2.[175] If the act specified in § 1 applies to computer recording on storage media, the offender liable to imprisonment for years 3.
§ 3. Who, committing an act specified in § 1 or 2, does considerable damage to property,
be punished by imprisonment of 3 months to five years 5.
§ 4. Prosecution of the offense specified in § 1-3 occurs at the request of the victim.
Art. 268a. [Damage in the databases] [176]
§ 1. Who, not being authorized, destroys, damage, deletes, alters or impedes access to computer data, or substantially interferes with or prevents automatic processing, collection or transmission of such data,
subject to imprisonment under 3.
§ 2. Who, committing an act specified in § 1, does considerable damage to property,
be punished by imprisonment of 3 months to five years 5.
§ 3. Prosecution of the offense specified in § 1 or 2 occurs at the request of the victim.
Art. 269. [Computer Sabotage] [177]
§ 1. Who destroys, damage, removes or changes the data information of particular importance for national defense, the safety of, operation of the government, another government agency or state institution or local government or interferes with or prevents automatic processing, collection or transmission of such data,
be punished by imprisonment of 6 months to five years 8.
§ 2.[178] The same penalty shall, who commits the act specified in § 1, destroying or replacing the computer storage medium or destroying or damaging a device for automatic processing, collection or transmission of computer data.
Art. 269a. [Interference with the network] [179]
Who, not being authorized, by transmission, destruction, removal, damage, impediment to access or modification of computer data, significantly interfere with the work of a computer system or data communications network,
be punished by imprisonment of 3 months to five years 5.
Art. 269b. [Unlawful use of programs and data] [180]
§ 1.[181] Who produces, obtains, sells or provides to other persons devices or computer programs designed to commit an offense referred to in Article. 165 § 1 Item 4, art. 267 § 3, art. 268a § 1 albo § 2 in conjunction with § 1, art. 269 § 2 book art. 269a, and computer passwords, access codes or other data enabling access to information stored in a computer system or data communications network,
subject to imprisonment under 3.
§ 2. In the event of a conviction for an offense specified in § 1, the court shall order the seizure of objects referred to therein, and may order the forfeiture, if they do not constitute property of the perpetrator.
Chapter XXXIV. Crime against credibility of documents
Art. 315. [Falsification of measurement tools]
§ 1. Who, for use in business, Counterfeiting or forging legalized measurement tool or Test,
subject to a fine, imprisonment or imprisonment for years 2.
§ 2. The same penalty shall, who is fake, or converted or assay measurement tool in the course of such a tool is used or for use in trade stores.
Art. 316. [Forfeiture]
§ 1. Money, valuable documents and counterfeit marks, altered or removed, a sign of redemption and of forged or false measurement tools, as well as objects used to commit the offenses referred to in this section shall be forfeited, even if not a property of the perpetrator.
§ 2. Counterfeit or altered marks the official referred to in Article. 314 should be removed, even if it was to be connected with the destruction of the object.
Some military
Chapter XXXVIII. General provisions for the troops
Art. 317. [The relevant provisions]
§ 1. The provisions of the general and specific of the Code applies to soldiers, if part of the military does not contain provisions different.
§ 2. Articles. 356-363 and, in case they commit certain crimes, general provisions for the soldiers also apply mutatis mutandis to military personnel.
§ 3. The provisions of the military part shall apply mutatis mutandis to other people, unless a statute so provides.
Art. 318. [Order]
Not a soldier commits a crime, who commits a prohibited act which is to obey the order, executing orders unless intentionally commits an offense.
Art. 319. [The final need]
§ 1. Not a soldier commits a crime, while in the case of disobedience or resistance take the necessary measures to enforce obedience to the command, to which the issue was entitled, if the circumstances require immediate counter, and obedience to orders can not be achieved in another way.
§ 2. In the event that the final boundaries for the court may apply extraordinary mitigation of punishment.
Art. 320. [Punishing unfit for service]
In relation to the perpetrator of the offense specified in the military, who at the time the act was incapable of military service, the court may apply extraordinary mitigation of punishment, and even renounce its imposition.
Art. 321. [Transfer the perpetrator commander]
In the case provided for in Article. 10 § 4 the court may decide instead of educational and corrective, referred to in this provision, give the offender a competent commander to impose the penalties provided in military disciplinary regulations.
Art. 322. [Military Detention]
§ 1. The penalty applicable to the soldiers is also a military jail; to the punishment of military custody, the provisions for imprisonment.
§ 2. Kara takes the shortest military custody months, the longest 2 years; It is inflicted in the months and years.
§ 3. The penalty is military custody in a designated correctional facility; while serving the sentence convicted is also subject to military training.
Art. 323. [Restriction of freedom]
§ 1. The soldiers do not apply the provisions of Article. 34 § 2 Item 1 i 2.
§ 2. While serving a sentence of restriction of liberty convicted:
1) may be appointed to a higher military rank or appointed to higher grade,
2) can not participate in the celebrations and parades held in a military unit or units with.
§ 3.[196] Soldiers other than essential services take the penalty of restriction of liberty, remaining in a particular place at the disposal of the superior at the time of the end of official duties by 4 hours 2 days a week. The court may also rule on deduction from 5 do 15% basic monthly salary to a specific social purpose.
§ 4. The soldiers of compulsory military service restrictions on freedom of being punished in a separate military unit according to the rules defined in the Penal Code enforcement.
§ 5. If sentenced to restriction of liberty, according to the rules specified in § 1-4, when put into practice, in whole or in part, ceased to be a soldier or, in the case provided for in Article. 317 § 2, employee of the army, court converted this penalty to the penalty of restriction of liberty judged by the general rules.
Art. 324. [The penalties]
§ 1.[197] Criminal agents are applied to soldiers as:
1) (repealed)
2) expulsion from the professional military service,
3) degradation.
§ 2. In view of the conscript soldiers not be decreed a penal measure specified in Article. 39 Item 7.
Art. 325. [198]
(repealed)
Art. 326. [Expulsion from service]
§ 1. Expulsion from professional military service shall include the immediate removal from service and the loss of honor badges and awards given by the appropriate commander.
§ 2. The court may order the expulsion of the professional military service, if the perpetrator in committing the offense intentionally, grossly abused their powers, or was, that continued to perform this service threatens important property protected right.
Art. 327. [Degradation]
§ 1. The degradation involves loss of a military rank held and a return to the degree of serial.
§ 2. The court may order degradation in the event of a conviction for an offense, if the type of conduct, the manner and circumstances of its commission, it can be inferred, that the offender has lost the characteristics required to hold a military rank, especially in the case of action to achieve financial gain.
Art. 328. [Develop] [199]
The court may order the person only degradation, which at the time of the offense was a soldier, even ceased to be the rule at the time.
Art. 329. [Replacement jail sentence]
If the offense is punishable by imprisonment not exceeding 5 years, a heavier penalty would not be more severe than 2 years imprisonment, the court may in relation to the soldier's military ordered jailed.
Art. 330. [Replaces the penalty of restriction of liberty]
If the penalty imposed for the offense of military custody would not be imposed from the year, the court may in relation to the soldier ordered the penalty of restriction of liberty.
Art. 331. [Waiver of penalty]
Refraining from imposing a penalty, the court may ask a competent commander of disciplinary punishment provided for in the military disciplinary regulations.
Art. 332. [Kara total] [200]
§ 1. In the event of a judgment for the concurrent criminal deprivation of civil rights and the degradation or expulsion from the professional military service, the court shall only deprivation of civil rights.
§ 2. In the event of a judgment for the concurrent degradation of the offense and expulsion from the professional military service, the court shall only degradation.
Art. 333. [Conditional discontinuance of proceedings]
§ 1. Using conditional discontinuance of criminal proceedings against soldier, the court may also apply to the competent commander of imposition of the penalty provided for in the military disciplinary regulations.
§ 2. The court may also take criminal proceedings if, when the perpetrator flagrantly violate the rules of military discipline.
Art. 334. [Responsibilities, supervision]
§ 1. In imposing the duties of a soldier or by applying the measures provided for in Article. 67 or 72, take into account the conditions of military service.
§ 2. Ruling supervision of a soldier, the court may delegate the exercise of the trustee military surveillance operations, manager or supervisor designated by the soldier.
Art. 335. [Suspended penalty]
Suspending the sentence of a soldier, the court may order the measures provided for in Article. 323 § 2.
Art. 336. [Postponement of execution of sentence]
§ 1. The court may postpone the execution conscript soldier of imprisonment not exceeding 6 months until the completion of service.
§ 2. The court may order the execution of a deferred sentence, If convicted of the period of deferral flagrantly violated the law or the rules of military discipline.
§ 3. The court after hearing the opinion of the commander of the unit may exempt from the penalty of imprisonment not exceeding 6 months, if the period of deferral for at least 6 months, a soldier in this period he distinguished himself in the performance of official duties, or showed courage.
§ 4. The court may waive the penalty specified in § 3, even if the deferral period lasted for less, if justified by the particularly strong reasons.
§ 5. Exemption from punishment in accordance with § 3 or 4 entail the obliteration of conviction under the law; if the sentenced person adjudicated a fine or a penalty, the blurring of conviction can not occur before the penalty or penal measure.
§ 6. The provisions of § 1-5 apply mutatis mutandis to the person called to military service.
Art. 337. [The blurring of conviction]
In view of the soldier's military service, who has been convicted, an offense referred to in part the military committed during this service, to a fine, penalty of restriction of liberty or imprisonment not exceeding years, the court may order the seizure of conviction after moving it to the reserve, if a penalty or penal measure ordered has been done.
Chapter XXXIX. Offences against the obligation of military service
Art. 338. [Arbitrary distance] [201]
§ 1. Soldier, which is at least twice in a period not longer than 3 months arbitrarily leaves his unit or the designated place of residence or willfully remains outside the single dimension exceeding 48 hours,
subject to a restriction of liberty.
§ 2. Soldier, who arbitrarily leaves his unit or the designated place of residence or willfully remain outside for more than 48 hours, but not longer than the period 7 days,
subject to a restriction of liberty, punishment by military detention or imprisonment to one year.
§ 3. Soldier, who arbitrarily leaves his unit or the designated place of residence or willfully remain outside for more than 7 days,
shall be liable to military detention or imprisonment under 3.
§ 4. Prosecution of the offense specified in § 1 i 2 occurs at the request of the commander of military unit.
Art. 339. [Desertion]
§ 1. Soldier, which to permanently evade military service leaves his unit or residence or the place designated for this purpose is beyond,
be punished by imprisonment of 3 months to five years 5.
§ 2. If the perpetrator commits the desert together with other soldiers or taking weapons,
be punished by imprisonment of 6 months to five years 8.
§ 3. Soldier, which at the time of desertion flees abroad or from abroad fails to return home,
be punished by imprisonment of one to years 10.
§ 4. Soldier, who makes preparations for the offense specified in § 1-3,
shall be liable to military detention or imprisonment under 2.
Art. 340. [Voluntary return]
If the perpetrator of an offense referred to in Article. 339 voluntarily returned, and his absence lasted no longer than 14 days, the court may apply extraordinary mitigation of punishment.
Art. 341. [Denial of service]
§ 1. Soldier, who refuses to perform military service or perform an obligation arising from this service,
shall be liable to military detention or imprisonment under 3.
§ 2. The same penalty shall the soldier other than essential services, which persistently fails to fulfill the obligation arising from it.
§ 3. Prosecution of the offense specified in § 2 occurs at the request of the commander of the unit.
Art. 342. [Self-injury, trick]
§ 1. Soldier, which for a complete or partial withdrawal of military service or from the obligation arising from this service:
1) their causes or permits, that someone else caused him to effect specified in Article. 156 § 1 lub art. 157 § 1,
2) uses deception to mislead the military authority,
shall be liable to military detention or imprisonment under 3.
§ 2. In the case of minor, perpetrator
subject to a restriction of liberty, military custody to one year or imprisonment for up to one year.
Chapter XL. Offences against the rules of military discipline
Art. 343. [Disobeying an order]
§ 1. Soldier, who does not or refuses to obey an order or executes an order contrary to its content,
shall be liable to military detention or imprisonment under 3.
§ 2. If the perpetrator of the act specified in § 1 working together with other soldiers or soldiers gathered in the presence or the act specified in § 1 is considerable material damage or other serious injury, perpetrator
be punished by imprisonment of 3 months to five years 5.
§ 3. Soldier, which shall enter into an agreement with the other soldiers to commit an offense specified in § 1 or 2,
subject to a restriction of liberty, military detention or imprisonment under 2.
§ 4. Prosecution of the offense specified in § 1 or 3 occurs at the request of the commander of the unit.
Art. 344. [The exclusion or mitigation of liability]
§ 1. Does not commit an offense referred to in Article. 343 soldier, who refuses to obey an order recommending an offense or not execute it.
§ 2. If execution of this order, referred to in § 1, accordance with its contents in order to significantly reduce the harmfulness, the court may apply extraordinary mitigation of punishment or renounce its imposition.
Art. 345. [Assault]
§ 1. Soldier, which may be an assault on the superior,
shall be liable to military detention or imprisonment under 3.
§ 2. If the perpetrator commits an assault in connection with the performance of official duties by a superior or together with other soldiers or soldiers gathered in the presence of,
be punished by imprisonment of 6 months to five years 8.
§ 3. If the perpetrator of the act specified in § 1 or 2 use of weapons, knife or other similarly dangerous object,
be punished by imprisonment of one to years 10.
§ 4. Penalty under § 3 subject the offender as defined in § § zynu 1 or 2, if the consequence is the effect specified in Article. 156 or 157 § 1.
Art. 346. [Getting the manager]
§ 1. Soldier, who uses violence or makes unlawful threat to undermine the operations business manager or supervisor to force to take or refrain from business activities,
shall be liable to military detention or imprisonment under 3.
§ 2. If the perpetrator acts with other soldiers, or in the presence of soldiers gathered,
be punished by imprisonment of 3 months to five years 5.
Art. 347. [Insult of the superior]
§ 1. Soldier, who insults a superior,
subject to a restriction of liberty, military detention or imprisonment under 2.
§ 2. The prosecution proceeded on the request of the victim or the commander of the unit.
Art. 348. [Appropriate use of]
Articles. 345-347 shall apply mutatis mutandis to the soldier, who commits the act specified in these regulations is not a soldier against his supervisor in the performance of his official duties.
Art. 349. [Soldiers of allied countries]
The provisions of this chapter shall apply accordingly, if the offense was committed against a soldier allied countries, and it shall ensure that reciprocity.
Chapter XLI. Offences against the rules of behavior to subordinates
Art. 350. [Humiliation and insult]
§ 1. Soldier, which debases or reviles a subordinate,
subject to a restriction of liberty, military detention or imprisonment under 2.
§ 2. The prosecution proceeded on the request of the victim or the commander of the unit.
Art. 351. [Physical assault]
Soldier, who strikes a subordinate or otherwise breaches his personal inviolability,
shall be liable to military detention or imprisonment under 2.
Art. 352. [Bullying]
§ 1. Soldier, who torments either physically or psychologically subordinate,
be punished by imprisonment of 3 months to five years 5.
§ 2. If the act specified in § 1 is connected with a particular cruelty, perpetrator
be punished by imprisonment of one to years 10.
§ 3. If the act specified in § 1 or 2 victim is a suicide attempt on his life, perpetrator
subject to imprisonment for years 2 do 12.
Art. 353. [Appropriate use of]
Articles. 350-352 shall apply mutatis mutandis to the soldier, who commits the act specified in these regulations relative to the younger soldiers of equal rank or degree of the duration of military service.
Chapter XLII. Offences against the principles of the handling of weapons and armed with military equipment
Art. 354. [Carelessness with a gun]
§ 1. Soldier, who carelessly handled in military weapons, ammunition, explosives or other means of struggle or careless use them, and thus inadvertently causing an impairment to bodily injury or health of another person,
shall be liable to military detention or imprisonment under 3.
§ 2. If the act specified in § 1 is the death of another person or serious damage to her health, perpetrator
be punished by imprisonment of 6 months to five years 8.
Art. 355. [Accident]
§ 1. Soldier, armed with a leading motor vehicle, even inadvertently affect safety in land traffic, or aircraft and inadvertently causes an accident, in which another person suffered bodily injury as defined in Article. 157 § 1 or damage was substantial damage to property,
shall be liable to military detention or imprisonment under 3.
§ 2. If an accident as defined in § 1 is the death of another person or serious damage to her health, perpetrator
be punished by imprisonment of 6 months to five years 8.
§ 3. Articles. 42 i 178 shall apply mutatis mutandis.
Chapter XLIII. Offences against the principles of service
Art. 356. [Breach of duty]
§ 1. Soldier, which, the appointment of him to the service or being in the service, violates the obligation under the regulation or ordinance regulating the flow of this service, thus poses an immediate threat of causing damage, the service was determined to prevent,
subject to a restriction of liberty, military detention or imprisonment under 3.
§ 2. If the act is a pity, referred to in § 1, the offender be punished by imprisonment of 3 months to five years 5.
§ 3. Prosecution of the offense specified in § 1 occurs at the request of the commander of the unit.
Art. 357. [Intoxication]
§ 1. Soldier, which, after appointment to the service or being in the service, puts into a state of inebriation or intoxication by other means,
subject to a restriction of liberty, military detention or imprisonment under 2.
§ 2. Prosecution occurs at the request of the commander of the unit.
Chapter XLIV. Crimes against property or the military
Art. 358. [Disposal of weapons]
§ 1. Soldier, which has arbitrarily arms, ammunition, explosives or other means of combating,
shall be liable to military detention or imprisonment under 3.
§ 2. Soldier, which arbitrarily takes a weapon, Ammo, explosive or other means of fighting,
be punished by imprisonment of one to years 10.
Art. 359. [Loss of arms]
Soldier, which, failing to give or exceeding the powers of protection or supervision of arms, ammunition, explosives or other means of combating, even unintentionally causes the loss,
shall be liable to military detention or imprisonment of 3 months to five years 5.
Art. 360. [Destruction of weapons]
§ 1. Soldier, a weapon, Ammo, explosive or other means of combat damage, damages or renders unfit for use,
subject to a fine, imprisonment, military detention or imprisonment under 2.
§ 2. If the perpetrator of the act specified in § 1 thus causing substantial damage to property,
be punished by imprisonment of 6 months to five years 8.
Art. 361. [The use of the vessel]
§ 1. Soldier, who willfully uses military aircraft or ship for the purpose of having no connection with the service,
be punished by imprisonment of 3 months to five years 5.
§ 2. In the case of minor, perpetrator
subject to a fine, imprisonment, military detention or imprisonment to one year.
Art. 362. [The use of the vehicle]
§ 1. Soldier, military who willfully uses a motor vehicle to the detriment of the interests of the service or the purpose of making profit,
subject to a fine, imprisonment, military detention or imprisonment under 2.
§ 2. In the case of minor, the offender liable to a fine or imprisonment.
Art. 363. [Regulation equipment]
§ 1. Soldier, who willfully disposes of the subject of their equipment, in particular the subject of such disposal, lien or lend it to another person,
subject to a fine, imprisonment or imprisonment for years 2.
§ 2. Prosecution occurs at the request of the commander of the unit.
