ACT

of 6 June 1997

Penal Code

• Metric
• Codified text

GENERAL

Chapter l

Principles of criminal liability

Article 1. [ Criminal liability] § 1. The criminal liability shall be subject only to those who commit an act prohibited under the law of the law in force at the time of its committing.

§ 2. It does not constitute a criminal offence, the social harm of which is negligible.

§ 3. He shall not commit a criminal offence if he or she cannot be attributed a fault at the time of the act.

Article 2. [ Offence of effect committed by omission] The criminal liability for a criminal offence committed by an omission shall be subject to the only requirement that the legal obligation to prevent the effect of the offence is to be prevented.

Article 3. [ Principles of Humanitarianism] The penalties and other measures provided for in this Code shall apply mutatis mutandis to the principles of humanitarianism, in particular with respect for human dignity.

Article 4. [ Provisions Property] § 1. If a law other than at the time of the offence is in force at the time of the ruling, a new law shall apply, but a law previously applicable shall be applied if it is more relative to the perpetrator.

§ 2. If, according to the new law, the sentence cannot be punished in the amount of the case-law, the penalty imposed shall be reduced to the amount of the strictest sentence possible under the new law.

§ 3. If, according to the new law, the offence is no longer punishable by a custodial sentence, the custodial sentence imposed by the sentence shall be ordered to either a fine or a penalty of restriction of liberty, taking that one month of deprivation. freedom is equal to 60 daily fines, or 2 months of restriction of liberty.

§ 4. If, according to the new law, the act of the sentence is no longer prohibited under the threat of punishment, the sentencing shall be tarred by law.

Article 5. [ Territorial scope] The Polish Criminal Law applies to the perpetrator, who has committed an act prohibited in the territory of the Republic of Poland, as well as on the Polish ship or aircraft, unless the international agreement, of which the Republic of Poland is a party, constitutes otherwise.

Article 6. [ Time and place of the prohibited act] § 1. A prohibited act shall be deemed to have been committed at the time when the offender acted or failed to act to which he was obliged.

§ 2. A criminal offence shall be deemed to have been committed at the place where the perpetrator acted or ceased to act to which he was required, or where the effect constituting the mark of the criminal offence occurred or the perpetrator's intention was to take place.

Article 7. [ Offence] § 1. The crime is a crime or a performance.

§ 2. The criminal offence shall be prohibited from imprisonment for a period of not less than or equal to 3 years or a more severe penalty.

§ 3. The act shall be prohibited by a fine of more than 30 daily rates or more than 5 000 zlotys, a penalty of restriction of liberty in excess of a month or a custodial sentence exceeding one month.

Article 8. [ Crime] A crime can only be committed intentionally; the islets can also be perpetuated inadvertently if the law so provides.

Article 9. [ Kinds of prohibited acts] § 1. A prohibited act is committed intentionally if the perpetrator is intent on committing him, he is willing to commit him or by providing for the possibility of his/her committing himself, for that to be done.

§ 2. A criminal offence is inadvertently committed if the offender does not intend to commit him, however, he/she commits it as a result of the disrespect required under the circumstances, even though the possibility of committing that act was foreseeable or may have been predict.

§ 3. The perpetrator shall bear the stricter responsibility which the Law makes conditional upon the specific consequences of the criminal act, if the succession is foreseeable or foreseeable.

Article 10. [ Liability Rules] § 1. The principles set out in this Code shall be the responsibility of those who commit an act prohibited after the age of 17.

§ 2. Non-summer, which after the age of 15 years, is permitted to act prohibited by the 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 in Art. 280, may correspond to the principles set out in this Code, if the circumstances of the case and the degree of development of the perpetrator, his properties and personal conditions for this speak, and in particular, if the previously used educational or correctional measures have proven to be ineffective.

§ 3. In the case referred to in paragraph 2, the penalty shall not exceed two thirds of the upper limit of the statutory risk of the offender assigned to the offender; the court may also apply an emergency leniency.

§ 4. In relation to a perpetrator who has committed a period after the age of 17, but before the age of 18, the court shall, instead of the sentence, apply educational, medicinal or correctional measures provided for minors, if the circumstances of the case and the degree of development of the the perpetrators, his properties and the personal conditions for this speak.

Article 11. [ Cumulative qualification of the rents] § 1. The same act can constitute only one crime.

§ 2. If the act exhausts the hallmarks specified in two or more provisions of the Criminal Law, the court convicts one crime on the basis of all the fugitive provisions.

§ 3. In the case referred to in paragraph 2, the court of first instance shall impose a penalty on the basis of the provision providing for the most severe punishment, which does not precludes the decision of any other measure provided for in the Act on the basis of all the provisions coinciding.

Article 12. [ Multiple behaviors] Two or more conduct, taken at short intervals in the exercise of a predetermined intention, shall be considered as one prohibited action; where the subject of the coup is a personal good, the recognition of the multiplication of conduct as a single offence shall be prohibited. the identity of the victim.

Chapter II

Forms of offence

Article 13. [ Force] § 1. [ 1] He shall be responsible for the endeavor of who, in his intention to commit a criminal act, is directly directed at his or her accomplishment, which is not the subject of his conduct.

§ 2. An attempt shall also be made if the perpetrator does not realise that it is impossible to do so because of the lack of an object suitable for committing a prohibited act on it or because of the use of a non-committal remedy is not prohibited.

Article 14. [ Limits of punishment for attempted] § 1. The court shall measure the punishment for the attempted force within the limits of the threat provided for the offence concerned.

§ 2. In the case referred to in Article 13 § 2 the court may apply an extraordinary easing of the sentence and even waiver of its infestation.

Article 15. [ Exemption from responsibility for attempted] § 1. He shall not be punished for the attempted, who voluntarily departed from making or prevented the effect of being a sign of the criminal offence.

§ 2. The Tribunal may apply an extraordinary relaxation of the sentence to a perpetrator who voluntarily sought to prevent the effect of a sign of prohibited acts.

Article 16. [ Preparation] § 1. Preparation takes place only if the perpetrator in order to commit a prohibited act takes action to create the conditions for an act aimed directly at his or her accomplishment, in particular in that he enters into an agreement with the another person, obtains or adopters funds, collects information or draws up an action plan.

§ 2. The preparation is punishable only if the law so provides.

Article 17. [ Exemption from responsibility for preparation] § 1. He shall not be punished for the preparation of who voluntarily withdrawing from him, in particular destroyed the prepared measures or prevented the use of them in the future; if he entered into an agreement with another person for the purpose of committing a prohibited act, he shall be punished by those who have made significant efforts to prevent it being made.

§ 2. It shall not be punished for the preparation of the person to whom the art is applied. 15 § 1.

Article 18. [ Checks and incitement] § 1. He is responsible for the exercise not only of those who are not alone or jointly and in agreement with another person, but also those who are directing the exercise of an act prohibited by another person or by making use of another person's addiction, instructs her to do so. the execution of such an act.

§ 2. [ 2] He is responsible for incitement, who wants another person to make a criminal act, to urge it to do so.

§ 3. He is responsible for aiding who, in his intention, that another person should carry out a criminal offence, makes it easier for him to commit, in particular by providing a tool, the means of carriage, by providing advice or information; he is responsible also for the aid, who, contrary to the legal, special obligation not to commit an act prohibited by his failure, makes it easier for another person to commit his act.

Article 19. [ Limits of punishment for incitement or aiding] § 1. The Tribunal shall order the punishment for incitement or aiding within the limits of the threat provided for the offending.

§ 2. By measuring the punishment for aiding the court, the court may apply an extraordinary relaxation of the sentence.

Article 20. [ Co-operation liability] Any one who is engaged in the commission of a criminal offence shall be liable, within the limits of his or her intentional or inadvertent, regardless of the liability of the other interoperable entities.

Article 21. [ Personal Circumstances] § 1. Personal circumstances, excluding or mitigating or aggravating criminal liability, shall be taken into account only in respect of the person concerned.

§ 2. If the personal circumstance concerning the perpetrator, affecting only a higher criminality, constitutes the mark of the criminal act, the joint responsibility shall be subject to the criminal responsibility provided for by the act prohibited, when the circumstances of the criminal act were not known, He did not touch him.

§ 3. In the case of a co-operating, which is not the subject of the circumstances referred to in paragraph 2, the court may apply an emergency leniency.

Article 22. [ Attempted to carry out an act of prohibited action] § 1. If the prohibited act was only attempted, the entity referred to in Article 4 18 § 2 and 3 answers as for attempted.

§ 2. If the criminal act has not been attempted, the court may apply an extraordinary relaxation of the sentence and may even derogate from it.

Article 23. [ Exempt from co-operating liability] § 1. It shall not be punished by a co-operative who has voluntarily prevented an act of prohibited.

§ 2. The Tribunal may apply an emergency leniency in relation to a co-operating who voluntarily sought to prevent an act of prohibited.

Article 24. [ Sticker for committing a prohibited act] He is responsible for inciting who, in order to direct criminal proceedings against another person, urges her to commit a criminal act; in this case, art is not applied. 22 and 23.

Chapter III

Exclusion of criminal liability

Article 25. [ Defense Necessary] § 1. He is not committing a crime, who in defence is required to deny direct, unlawful assassination to any of the interests protected by law.

§ 2. In the event of an overshoot of the necessary defence, in particular when the perpetrator has applied the defence disproportionate to the danger of the coup, the court may apply an extraordinary relaxation of the sentence and even depart from its dismissal.

§ 3. It is not punishable by those who exceed the limits of the defence necessary under the influence of fear or arousing the justified circumstances of the bombing.

§ 4. (repealed).

§ 5. (repealed).

Article 26. [ Higher state of necessity] § 1. He does not commit a crime, who acts to repeal the imminent danger threatening any good to the protected law, if the danger cannot otherwise be avoided, and the good devoted to the value of the lower than the good ratified.

§ 2. He does not commit a crime also who, by saving the good protected by the law under the conditions set out in § 1, devotes the good, which does not represent the value of, of course, the higher than the good of the rescued.

§ 3. In case of exceeding the limits of the state of higher necessity, the court may apply an extraordinary relaxation of the sentence and even waiver of its infestation.

§ 4. The provision of § 2 shall not apply if the perpetrator sacrifices the good which has a particular obligation to protect even from the exposure of personal danger.

§ 5. The provisions of paragraphs 1 to 3 shall apply mutatis mutandis in the event that only one of the offenders of the person concerned may be satisfied.

Article 27. [ Cognitive experiment] § 1. He shall not commit a crime, who shall act to carry out a cognitive, medical, technical or economic experiment, if the expected benefit is of significant cognitive, medical or economic importance, and the expectation of its achievement, The specificity and the way in which the experiment is carried out are reasonable in view of the current state of

§ 2. The experiment is inadmissible without the consent of the participant on which it is carried out, duly informed of the expected benefits and threatening the negative effects and the probability of their uprising, as well as the possibility of withdrawal from taking part in an experiment at every stage of the experiment.

§ 3. The rules and conditions for the admissibility of the medical experiment shall be determined by

Article 28. [ Error in circumstances] § 1. He does not commit a crime, who remains in an excused error as to the circumstances that constitute a sign of the criminal act.

§ 2. It corresponds to a provision providing for a more lenient responsibility of the perpetrator, who is permitted to act in an justified erroneous belief that there is a circumstance that is a sign of a criminal offence, from which such a gentler the responsibility depends.

Article 29. [ Justified misconception] He does not commit a crime, who is permitted to act prohibited in the justified erroneous belief that there is a circumstance excluding lawlessness or guilt; if the error of the perpetrator is unjustifiable, the court may apply an extraordinary relaxation penalties.

Article 30. [ Justified unconsciousness] He does not commit a crime, who is permitted to act prohibited in the justified unconsciousness of his illegibility; if the error of the perpetrator is unjustifiable, the court may apply an extraordinary relaxation of the punishment.

Article 31. [ Insanity] § 1. He does not commit a crime, who, by reason of mental illness, mental impairment or other disruption of mental acts, could not at the time of the act recognize his or her importance or direct his conduct.

(2) If, at the time of the offence, the ability to identify the meaning of the act or the conduct of the proceedings has been significantly reduced, the court may apply an emergency leniency.

§ 3. The provisions of paragraphs 1 and 2 shall not apply where the perpetrator has entered into a state of infidelity or of a defiance causing the exclusion or limitation of the exercise which he or she may have anticipated or may have foreseen.

Chapter IV

Penalties

Article 32. [ Kinds of penalties] The penalties shall be:

1) fine,

2) restriction of liberty,

3) deprivation of liberty,

4) 25 years of imprisonment,

5) life imprisonment.

Article 33. [ Grzywna] § 1. The fine shall be measured at daily rates, specifying the number of rates and the rate of one rate; if the Act does not state otherwise, the lowest number of rates shall be 10, and the highest of 540.

§ 2. The Tribunal may also measure a fine in addition to the custodial sentence referred to in Article 2. 32 point 3 if the perpetrator has committed an act in order to achieve a property advantage or where the property benefit has reached.

§ 3. In fixing the daily rate, the court takes into account the perpetrators ' income, his personal, family conditions, property relations and earnings opportunities; the daily rate may not be lower than 10 zlotys, nor exceed 2000 zlotys.

Article 34. [ Restriction of Freedom] § 1. Unless otherwise provided by the law, the sentence of restriction of liberty shall be the shortest month, the longest of 2 years; it shall be made in the months and years.

§ 1a. The penalty restriction shall consist of:

1) the obligation to perform an unpaid, controlled work on social objectives,

2) the obligation to stay in the place of habitual residence or at another designated place, with the use of a system of electronic surveillance,

3) the obligation referred to in art. 72 § 1 points 4-7a,

4) a deduction from 10% to 25% of the remuneration for work on a monthly basis for the social purpose indicated by the court.

§ 1b. The obligations and deductions referred to in § 1a shall be made either jointly or separately.

§ 2. At the time of the penalty of restriction of liberty, sentenced:

1) may not without the consent of the court change the place of permanent residence,

2) (repealed),

3) has an obligation to provide explanations concerning the course of the punishment.

§ 3. In order to limit the freedom, the court may decide on the cash benefits referred to in Article 4. 39 point 7 or the obligations referred to in Article 39 72 § 1 points 2 and 3.

Article 35. [ Work on social objectives] § 1. Unpaid, controlled social work is carried out in a dimension of between 20 and 40 hours per month.

§ 2. The deduction of the remuneration for the work may be adjudicated against the person employed; during the period for which the deduction has been given, the convicted shall not be terminated without the consent of the court of employment.

§ 3. The court shall determine the duration of the exercise of the obligation referred to in Article 4. 34 § 1a (2), having regard to the conditions of the sentenced work and the dimension of the other obligations imposed, with no more than 12 months and more than 70 hours per week and 12 hours in relation to the day of the day.

§ 4. To adjudicate on the cash benefit referred to in Art. Point 7 and the obligations referred to in Article 39 72 § 1 point 2-5, provision of art. 74 shall apply mutatis mutandis.

Article 36. § 1. (repealed)

§ 2. (repealed).

§ 3. (repealed).

Article 37. [ Borders of the custodial sentence] The custodial sentence referred to in Article 1 32 point 3 lasts for the shortest month, the longest of 15 years; it has been made in the months and years.

Article 37a. [ Replacement of a custodial sentence not exceeding 8 years] If the law provides for a risk of imprisonment not exceeding eight years, the sentence may instead be either a fine or a penalty of restriction of liberty referred to in Article 4. 34 § 1a points 1, 2 or 4.

Article 37b. [ Order Execution Order] In the case of imprisonment at risk of imprisonment, irrespective of the lower limit of the statutory threat provided for in the act for the act in question, the court may rule at the same time a custodial sentence of not more than 3 months, and if the upper limit of the statutory risk shall be at least 10 years-6 months, and the penalty of restriction of liberty under 2 years. In the first instance, a custodial sentence shall be executed, unless otherwise provided by the law.

Article 38. [ Reduction or extraordinary penalty oboe] § 1. If the law provides for a reduction or an extraordinary upper limit of the statutory threat, and the statutory threat covers more than one of the penalties listed in the article. 32 points 1-3, the reduction or the oboe refers to each of these penalties.

§ 2. The punishment of an extraordinary camp cannot exceed 810 daily rates of a fine, two years of restriction of liberty or 20 years of imprisonment; the sentence of imprisonment shall be made in the months and years.

§ 3. If the law provides for a reduction in the upper limit of the statutory risk, the sentence imposed for a criminal offence punishable by a life imprisonment shall not exceed 25 years of imprisonment, and for a crime punishable by a sentence of 25 years deprivation of liberty shall not exceed 20 years of imprisonment.

Chapter V

Punitive measures

Article 39. [ Punitive measures] The punitive measures shall be:

1) deprivation of public rights,

2) a ban on occupations of a particular position, pursuit of a particular profession or conduct of a particular economic activity,

2a) a ban on the conduct of activities related to the upbringing, treatment, education of minors or with care for them,

2b) a ban on staying in specific environments or places, contacting certain persons, approaching specific persons or leaving a specified place of residence without the consent of the court,

2c) prohibition of admission to a mass party,

2d) prohibition of access to game centres and participation in gambling,

(2e) an order for the periodic abandonment of the place occupied jointly with the victim,

3) a ban on driving,

4) (repealed),

5) (repealed),

6) (repealed),

7) cash benefit,

8) giving the judgment to the public.

Article 40. [ Deprivation of public rights] § 1. Deprivation of public rights includes the loss of active and passive electoral law to a public authority, a body of professional or economic self-government, the loss of the right to participate in the exercise of the judiciary and to perform functions in state bodies and institutions of the state and local or professional authorities, as well as the loss of the military degree and the return to the rank order; in addition, deprivation of public rights includes the loss of the orders, decorations and honorary titles and the loss of the ability to obtain them during the term of the deprivation of rights.

§ 2. The Tribunal may order the deprivation of public rights in the event of a custodial sentence for a period of not less than three years for a crime committed as a result of a motivation worthy of particular condemnation.

Article 41. [ Prohibition of occupations of a particular position] § 1. The court may rule on the prohibition of occupations of a particular job or profession if the perpetrator has abused the offence of a position or profession, or has shown that he/she may continue to take up his duties or to pursue his profession. It threatens the vital welfare of the protected law.

§ 1a. The Tribunal may prohibit the occupations of any or specified positions, the exercise of any or all of the professions or activities relating to the upbringing, education, treatment of minors, or to the care of them for a fixed period or for life in a given period of time. the case of a custodial sentence for a crime against sexual freedom or of morality to the detriment of a minor and in the event of a custodial sentence for a deliberate offence against life and health to the detriment of a minor.

§ 1b. The court shall give a life sentence of the prohibition laid down in paragraph 1a, in the event of the reconviction of the perpetrator under the conditions laid down in that provision.

In the event of a conviction for a criminal offence committed in connection with the conduct of such an activity, the Court of First Instance may order that the pursuit of a particular economic activity be prohibited if the pursuit of such an activity is jeopardised by a significant right of the protection of the law.

Article 41a. [ Prohibition of presence in specific environments or places, leaving a specific place, contacting specific persons, approaching specific persons or order to leave the premises] § 1. The Tribunal may rule on the prohibition of residence in specific environments or places, contacting certain persons, approaching certain persons or leaving a certain place of residence without the consent of the court, as well as the order for the periodic departure of the person concerned. In the event of a conviction for a crime against sexual freedom or of motility to the detriment of a minor or other offence against liberty, and in the event of a conviction for a deliberate offence involving violence, the premises of the victim shall be subject to a criminal offence, of which, in particular, violence against the person nearest. The prohibition or order may be combined with the obligation to report to the Police or other designated authority at specific intervals, and the restraining order against specific persons-also controlled in the electronic surveillance system.

§ 2. The Tribunal shall order a prohibition to stay in specified environments or places, to contact specified persons, to approach certain persons or to leave the specified place of residence without the consent of the court, as well as the order for periodic leave In the event of an imprisonment without a conditional suspension of his or her execution for an offence against sexual freedom or of morality for the harm of a minor, the place of imprisonment shall be held jointly with the victim. The prohibition or order may be combined with the obligation to report to the Police or other designated authority at specific intervals, and the restraining order against specific persons-also controlled in the electronic surveillance system.

§ 3. The Tribunal may order a ban on certain persons or places of residence, to contact certain persons, to approach certain persons or to leave a certain place of residence without the consent of the Tribunal for life in the event of a re-sentencing of the perpetrator. under the conditions laid down in paragraph 2.

§ 3a. In the event of an injunctive order to leave the premises jointly occupied with the victims for the offences referred to in Chapters XXV and XXVI, the court shall rule on the same period of prohibition of the approach of the victim.

§ 4. By ruling the restraining order against specific persons, the court shall indicate the distance from the protected persons, which the convicted person is obliged to keep.

§ 5. When a court order periodically to leave a place occupied with the victim, the court shall determine the time limit for its execution.

Article 41b. [ prohibition of admission to a mass party] § 1. The court may order a ban on a mass party if the offence is committed in connection with such a party or in the event of a hooligan conviction, and the perpetrator's participation in mass events threatens the welfare of the protected right. The court will order a ban on the mass party in the cases indicated in the Act.

§ 2. Prohibition of admission to a mass event includes any mass events on the territory of the Republic of Poland and football matches played by the Polish national cadre or the Polish sports club outside the territory of the Republic of Poland.

§ 3. A court may rule on the obligation to reside in the course of certain mass events subject to a prohibition on the place of residence or at another designated point of order for a mass event for a mass event in connection with a mass sporting event. place, with the use of an electronic surveillance system.

§ 4. The court will order a ban on the mass party and the obligation laid down in § 3, in the event of a re-sentencing of the perpetrator for a crime committed in connection with the mass event.

§ 5. In a particularly justified case, the court may rule that, after the expiry of the period for which the obligation laid down in § 3 has been ordered, the sentenced person will be obliged to present certain mass events covered by the prohibition in the business unit during the period of time. The police or the place specified by the competent authority due to the place of residence of the convicted, district police, district or city police.

§ 6. The cumulative duration of application to the convicted obligations laid down in paragraphs 3 and 5 may not exceed the period of time in which the sentenced prohibition of admission to a mass event is prohibited.

§ 7. If it is apparent from the circumstances that the performance of the obligation laid down in Paragraph 3 is not possible or if its judgment is manifestly unequal, the obligation shall, in place of that obligation, rule on the obligation to place the sentenced person during certain mass events. subject to a prohibition in the Police organisational unit or in the place specified by the competent authority due to the place of residence of the convicted, county, district or city police.

§ 8. By imposing the obligation referred to in § 3, 5 or 7, the court shall determine the mass events, during which the obligation is to be exercised, indicating in particular the names of the sports disciplines, the names of the sports clubs and the territorial scope of the events, to which the obligation applies.

§ 9. The obligations to be laid down pursuant to paragraphs 3, 5 and 7 shall be decided in the months and years. The obligation referred to in paragraph 3 shall be ordered for a period of not less than six months and not more than 12 months, and the obligation referred to in paragraph 7 shall be ordered from 6 months to 6 years, not exceeding the time limit for which the prohibition was imposed on the a mass event.

Art. 41c. [ Prohibition of admission to game centres and participation in gambling games] § 1. The prohibition of admission to gaming centres and participation in gambling activities does not include participation in promotional flights.

§ 2. The Tribunal may order the prohibition of access to game centres and participation in gambling, in the event of a conviction for a criminal offence committed in connection with the device or participation of gambling.

Article 42. [ Prohibition of driving] § 1. The court may order a vehicle of a particular type to be prohibited in the event of the conviction of a person participating in the movement for a crime against security in communication, in particular if, in the circumstances of the offence, it is apparent that the conduct of the the vehicle by this person threatens the security of communication.

§ 2. The Tribunal shall rule, for a period of not less than 3 years, the prohibition on the conduct of any vehicles or vehicles of a particular type if the perpetrator at the time of the offence mentioned in § 1 was in a state of infidelity, under the influence of the intoxicating agent or ran from the scene of the event specified in Art. 173, art. 174 or Art. 177.

§ 3. The court shall rule on the prohibition of any motor vehicle for life in the event of a criminal offence referred to in Article 4. 178a § 4 or if the perpetrator at the time of committing the offence referred to in art. 173, the consequence of which is the death of another person or the heavy damage to her health, or at the time of the offence referred to in art. 177 § 2 or in Art. 355 § 2 was in the state of infidelity or under the influence of a intoxicating agent or fled from the scene, unless there is a unique accident, justified by special circumstances.

§ 4. The court shall rule on the prohibition of any motor vehicle for life in the event of a re-conviction of a person driving a motor vehicle under the conditions laid down in paragraph 3.

Article 43. [ Borders of Criminal Measures] § 1. [ 3] If the Act does not provide otherwise, deprivation of public rights and prohibitions and orders listed in Art. In accordance with Article 18 (2), (2), (2), (2) and (d), it shall be decided in the years from the year to 10, the prohibitions and 39 points 2a, 2b and 3 shall be ordered in years from the year to year 15, the prohibition set out in Article 39 (1) (b) and (3) 39 points 2c is adjudiced in years, from 2 to 6 years.

§ 1a. Obligation as referred to in Article 41a (1), second sentence, and (2), second sentence, shall be valid for the longest period of up to 12 months in months, for the most part, for 3 months.

§ 2. The salvation of the public rights, the prohibitions and the order shall be subject to the legitiation of the decision.

§ 2a. The period for which the prohibitions were ordered shall not run during the time of the custodial sentence, even if it is a case of a different offence.

§ 2b. The period for which the imprisonment of a criminal offence has been ordered shall not run at the time of the imprisonment for that offence.

§ 3. By ruling the prohibition laid down in Article 42, the court imposes an obligation to return the document entitling to the driving of the vehicle; until such time as the obligation has been imposed, the period for which the prohibition was imposed does not run.

Art. 43a. [ Withdrawal from punishment] § 1. In addition to the penalty payment, as well as in the cases referred to in the Act, the court may decide on the cash benefit referred to in Article 4. 39 (7) in favour of the Support Fund and the Postpenitentiary Assistance Fund; the amount of this benefit may not exceed 60 000 PLN.

§ 2. In case of conviction of the perpetrator for the offence referred to in Article 178a § 1, art. 179 or Art. 180 the court adjudicate the cash benefits listed in Art. 39 (7) in favour of the Support Fund and Postpenitentiary Assistance in the amount of at least 5 000 zlotys, and in the event of conviction of the perpetrator for the offence referred to in Article 39 (1). 178a § 4 at least 10 000 zlotys, up to the amount specified in § 1.

Art. 43b. [ Application of the judgment to the public] The judgment may be made public in a certain manner if it deems it appropriate, in particular because of the social impact of the conviction, in so far as it does not prejudice the interest of the victim.

Art. 43c. [ Notification of a family court of the advisability of a decision of deprivation or restriction of the rights of parental or caring] The Tribunal shall, while recognising as a deliberate decision of deprivation or limitation of the parental or guardianship rights in the event of a criminal offence or in interaction with it, shall inform the relevant family court thereof.

Chapter Va.

Forfeiture and compensatory measures

Article 44. [ Forfeiture of items] § 1. The court shall rule on the forfeiture of objects directly from crime.

§ 2. The Tribunal may rule, and in the cases indicated in the Act, the forfeiture of items which served or were intended to commit a criminal offence.

§ 3. If the judgment of the forfeiture referred to in § 2 would be disproportionate to the seriousness of the offence committed, the court instead of forfeiture may make a reference to the Treasury.

§ 4. If the decision of forfeiture referred to in § 1 or 2 is not possible, the court may declare the forfeiture of the equivalent of items directly derived from the crime or objects which served or were intended to commit a criminal offence.

§ 5. The forfeiture of the objects referred to in § 1 or 2 shall not be ruled out if they are subject to a return to the victim or to another authorized body.

§ 6. In the event of a conviction for the offence of breaching the prohibition of the manufacture, holding, marketing, transfer, transfer or transfer of certain items, the court may rule and, in the cases provided for in the law, the forfeiture of their forfeiture.

§ 7. Where the objects referred to in § 2 or 6 do not constitute the property of the perpetrator, their forfeiture may only be declared in the cases provided for in the Act; in the event of joint ownership, the decision of the perpetrator or the forfeiture of the equivalent shall be forfeited. participate.

§ 8. (repealed).

Article 45. [ The forfeiture of the benefits of the property] § 1. If the offender has achieved a criminal offence, even indirectly, the benefit of the property which is not forfeit of the objects referred to in Article 1 shall be forfeited. 44 § 1 or 6, judgment shall be forfeited of such an advantage or its equivalent. Forfeiture shall not be given in whole or in part if the benefit or the equivalent of the benefit is reimbursed to the victim or to another entity.

§ 2. In the event of a conviction for the offense from which the perpetrator of the perpetrator has committed, even indirectly, the benefit of a significant value shall be deemed to be the property which the perpetrator has assumed in the ruler or to which he has obtained any title at the time of his or her committing. the offence, or after the offence is committed, shall constitute an advantage obtained from the commission of a criminal offence, unless the perpetrator or any other person concerned provides evidence that he or she is against the offence.

§ 3. If the property which is the benefit of the offence referred to in paragraph 2 has been transferred to a natural, legal or legal person not having legal personality, in fact or under any legal title, he or she shall, in fact, be entitled to a The fact that the goods in the self-owned possession of that person or entity and their property rights belong to the perpetrator, unless, on the basis of the circumstances surrounding their acquisition, it could not be presumed that the property would, even indirectly, be liable to the property. came from a prohibited act.

§ 4. (repealed).

§ 5. In the event of joint ownership, the participation of the perpetrator shall be forfeited or the equivalent of that share shall be forfeited.

§ 6. (repealed).

Article 45a. [ Conditions of forfeiture] The Tribunal shall be forfeit if the social harm of the act is negligible and, in the event of a conditional remission of the proceedings or of the finding that the perpetrator has committed an act prohibited in the state of insanity, referred to in Article 4 (1) of the EC 31 § 1, or if there is a circumstance that exempts the perpetrator of a criminal offence.

Article 46. [ Obligation to remedy the damage caused or to compensate for the injury suffered] § 1. In the event of a conviction, the court may rule, and at the request of the victim or any other person entitled, by applying the provisions of civil law, the obligation to make good, in whole or in part, the offence of damage or redress for any wrongful harm; the provisions of civil law on the possibility of planting an annuity are not applicable.

§ 2. If the judgment of the obligation laid down in § 1 is significantly impeded, the court may rule instead of that obligation to establish up to 200 000 zlotys for the victim, and in the event of his death as a result of the convicted crime a reference to the closest person whose life situation as a result of the death of the disadvantaged has deteriorated significantly. In the event that more than one such person is established, the established rules shall be adjudiced on behalf of each of them.

§ 3. A judgment of damages or redress pursuant to § 1 or established on the basis of § 2 does not precludes an investigation of the unsatisfied part of the claim in the course of civil proceedings.

Article 47. [ Establishing for the Fund] § 1. In the event of a criminal conviction for a deliberate offence against life or health or for any other intentional crime, the result of which is the death of a man, a serious injury to health, a breach of the body organ function or a health care, the court may rule A reference to the Support Fund and the Postpenitentiary Assistance Fund.

§ 2. In the event of the conviction of the perpetrator against the environment, the court may make a reference to the National Fund for Environmental Protection and Water Management as referred to in art. 400 of the Act of 27 April 2001. -Environmental law (Dz. U. of 2008 Nr 25, pos. 150, of late. zm.).

§ 3. In case of conviction of the perpetrator for the offence referred to in Article 173, art. 174, art. 177 or in Art. 355, if the perpetrator was in a state of infidelity or under the influence of a intoxicating agent or fled from the scene, the court adjudicates the victim, and in the event of his death as a result of the offence committed by the convicted felony, A person who has suffered a significant deterioration in his/her life as a result of the death of the victim has significantly deteriorated. In the event that more than one such person is established, the established rules shall be adjudiced on behalf of each of them. If it is not possible to establish such a person, the court shall decide on the benefit of the Support Fund and the Postpenitentiary Assistance Fund. The court adjudicate an amount of at least 10 000 zlotys.

§ 4. In particularly justified circumstances, where the resulting reference would cause the perpetrator to make a loss for the necessary maintenance of himself and the family, or if he/she has reconciled himself with the perpetrator, the court may measure it at a lower level than that indicated in the 3.

§ 5. The provision of § 3 shall not apply if the court has held the obligation to repair the damage caused by the damage or redress for a known harm in the amount higher than 10 000 zlotys.

Art. 47a. (repealed).

Article 48. [ Height of the reference] The reference shall be made in the amount of up to 100 000 PLN, unless the Act provides otherwise.

Article 49. [ 4] (repealed).

Article 49a. (repealed).

Article 50. (repealed).

Article 51. (repealed).

Article 52. (repealed).

Chapter VI

Rules on penalties and criminal measures

Article 53. [ penalty dimension] § 1. The Tribunal shall measure the penalty at its discretion, within the limits laid down by the law, in order not to exceed the extent of the fault, taking into account the degree of social detriment of the act, and taking into account the preventive and educational objectives of the law, which is to achieve in relation to the convicted and also the need to shape the legal consciousness of society.

§ 2. By measuring the sentence, the court shall take into account, in particular, the motivation and behaviour of the perpetrator, the commission of a criminal offence, the nature and extent of the breach of the perpetrators of the offender, the type and extent of the negative consequences of the offence, the property and personal conditions of the perpetrator, the way of life before committing the crime and the behavior after it has been committed, and especially the effort to repair the damage or redress in another form of social sense of justice, as well as the behaviour of the victim.

§ 3. The court shall also take into account the positive outcome of the mediation between the victim and the perpetrator, or the settlement between them in the proceedings before the court or prosecutor.

Article 54. [ Punishment of minors] § 1. In bringing the punishment to a minor or to a juvenile, the court is primarily guided by the fact that the perpetrator is brought up.

§ 2. In view of the perpetrator, who, at the time of the crime, has not completed 18 years, does not rule out the sentence of life imprisonment.

Article 55. [ Circumstances affecting the penalty dimension] The circumstances affecting the amount of the penalty shall be taken into account only in respect of the person concerned.

Article 56. [ Application of provisions] The provisions of Article 4 53, art. 54 § 1 and art. 55 shall apply mutatis mutandis to the ruling of other measures provided for in that Code, except in the case of the obligation to make good any damage or redress for any wrongful harm.

Article 57. [ The coincidence of extraordinary relief and punishment of punishment] § 1. If there is a number of independent grounds for extraordinary relief or punishment, the court may, at one time, be punishable by an emergency or observing the camps, taking into account a total of the overlapping bases of the mitigation or the camp.

§ 2. If the grounds of extraordinary relief and obstetrication coincide, the court may apply an extraordinary relaxation or a penalty shoot-up.

Article 57a. [ Punishment for hooliganic islets] § 1. By convicting a hooliganist, the court will impose a penalty for the offender assigned to the offender at a rate which is not lower than the lower limit of the statutory threat of an increase of half.

§ 2. In the case referred to in paragraph 1, the court of first instance shall give a decision on the benefit of the victim, unless the decision is made to make good the damage, the obligation to compensate for the injury suffered or to be established on the basis of Article 3 (1) of the judgment. 46. If the victim has not been established, the court may decide on the benefit of the Support Fund and the Postpenitentiary Assistance Fund.

Article 58. [ Choice of type of punishment] § 1. If the Act provides for the possibility of choosing the type of punishment, and the offence is punishable by a custodial sentence not exceeding 5 years, the court adjudicates the imprisonment only if another punishment or punitive measure cannot meet the objectives of the punishment.

§ 2. (repealed).

§ 2a. Penalties for restriction of liberty in the form of an obligation referred to in art. 34 § 1a item 1, shall not rule if the state of health of the accused or his/her properties and personal conditions justify the belief that the accused will not perform that obligation.

§ 3. (repealed).

§ 4. (repealed).

Article 59. [ Withdrawal of the penalty] Where a criminal offence is punishable by a custodial sentence not exceeding three years or a penalty of a more lenient nature and the social harm of the offence is not significant, the court may waive the penalty if the penalty is punishable by a penalty, the forfeiture or compensatory measure, and the objectives of the penalty shall be so fulfilled.

Article 59a. [ Cancellation of criminal proceedings in case of compensation of damage or redress of the wronged harm] § 1. If, prior to the commencement of the court wire in the first instance of the perpetrator, who was not previously convicted of a deliberate offence with the use of violence, he reconciled himself with the victim, in particular as a result of mediation and repaired the damage or redress the wrongdoing is, at the request of the victim, a criminal proceedings with an imprisonment not exceeding 3 years of imprisonment, as well as an imprisonment against property not exceeding 5 years of imprisonment, as Also for the islets referred to in Article 157 § 1.

§ 2. If the act has been committed to the detriment of more than one victim, the condition of the application of § 1 shall be reconciled, repaired by the perpetrator of the damage, and reparation for the harm caused to all the victims.

§ 3. The provisions of paragraph 1 shall not apply where there is a particular circumstance that the waiver of the proceedings would be contrary to the need to pursue the objectives of the penalty.

Article 60. [ Extraordinary leniency] § 1. The Tribunal may apply an emergency leniency in the cases provided for in the Act and in relation to the juvenile if the reasons set out in Article 4 of the Rules of Law are to be used. 54 § 1.

§ 2. The Tribunal may also apply an extraordinary relaxation of the sentence in particularly justified cases, when even the lowest penalty provided for the offence would be disproportionate, in particular:

1) if the victim of reconciliation with the perpetrator, the damage has been repaired or the victim has been repaired and the perpetrator has agreed on a way of reparating the damage,

2) due to the attitude of the perpetrator, especially when he was making efforts to repair or prevent the damage,

3) if the perpetrator of the non-intentional criminal offence or his closest he has suffered serious injury in connection with the commission of a criminal offence.

§ 3. The Tribunal shall apply an extraordinary relaxation of the sentence and may even conditionally suspend its execution in relation to a perpetrator who is interacting with other persons in the commission of a criminal offence, if he is disclosed to the body set up to prosecute the offences. concerning the persons involved in the commission of the offence and the relevant circumstances of his/her committing.

§ 4. At the request of the prosecutor, the court may apply an extraordinary relaxation of the sentence, and even conditionally suspend its execution against the perpetrator of the offence, which, irrespective of the explanations given in his case, disclosed to the law enforcement authority and presented the relevant circumstances, unknown so far to that authority, crimes under threat of punishment of more than 5 years of imprisonment.

§ 5. In the cases referred to in paragraphs 3 and 4, the court, in which it punishes a custodial sentence of 5 years, may conditionally suspend its execution for a trial period of up to 10 years if it considers that, despite the failure to exercise the sentence, the perpetrator will not commit the offence again; art. 69 § 1 shall not apply, and the provisions of Article 1 shall not apply. 71-76 shall apply mutatis mutandis.

§ 6. An extraordinary relaxation of the sentence consists in bringing a penalty below the lower limit of the statutory threat, or a lenient sentence of the following principles:

1) if the act constitutes a crime at risk of at least a penalty of 25 years of imprisonment, the court of justice shall be punishedby imprisonment not lower than 8 years,

2) if the act constitutes a different crime, the court shall enter a custodial sentence not lower than one third of the lower limit of the statutory threat,

3) if the act is an expat, with the lower limit of the statutory threat being a custodial sentence not lower than a year, the court shall measure the fine, the penalty of restriction of liberty, or the imprisonment,

4) if the act is an expat, with the lower limit of the statutory threat being a custodial sentence lower than a year, the court shall either fine or the penalty of restriction of liberty.

§ 7. If the act is in danger of more than one of the penalties listed in the Article. 32 paragraphs 1 to 3, the exceptional relaxation of the sentence consists in the withdrawal of the penalty and the decision of the criminal measure referred to in Article 32 (1) of the Treaty. 39 points 2 to 3, 7 and 8, compensatory measure or forfeiture; Article 3 61 § 2 does not apply.

§ 8. The extraordinary relief of the sentence shall not apply to acts which are punishable by deprivation of liberty of more than five years, to which the Article shall apply. 37a.

Article 60a. [ Cancellation of the penalty and judgment only of the criminal measure, forfeiture or compensatory measure] Having regard to the proposal referred to in Article 335, art. 338a or art. 387 The Code of Criminal Procedure, the court may apply an extraordinary relaxation of the sentence also in other cases than those provided for in art. 60 (1) to (4); the court may also waive the retribution of the sentence and rule only a punitive measure, forfeiture or compensatory measure, if the defendant is in danger of a penalty not exceeding five years of imprisonment.

Article 61. [ Subordinate role of perpetrator in committing a crime] § 1. The Tribunal may waive the penalty of the cases provided for in the Act and in the case referred to in Article 4. 60 § 3, especially when the role of the perpetrator in the commission of the offence was minor, and the information provided contributed to prevent the commission from committing another crime.

§ 2. On the basis of the withdrawal of the sentence, the court may also waive the execution of the criminal measure, allusion to the State Treasury and forfeiture, even if its decision is mandatory.

Article 62. [ Type and type of penal establishment] By ruling the custodial sentence, the court may determine the type and type of the criminal establishment in which the convicted is to be punished, and the therapeutic system of its execution may be determined.

Article 63. [ Advance on the case of the case-law] § 1. The case-law is a period of actual imprisonment in the case, rounded up to the full day, with one day of deprivation of liberty equal to one day of imprisonment, two days of sentence restrictions on freedom or two daily fines.

§ 2. In advance of the period of actual imprisonment against the case-law of a given fine, it is accepted that one day of imprisonment corresponds to an amount equal to twice the daily rate determined in accordance with the art. 33 § 3.

§ 3. Against the criminal measures referred to in Article 4 (1) of the European Union 39 points 2 to 3 are the period of actual use of the corresponding type of preventive measures.

§ 4. Against the case-law of the criminal measure referred to in Article Article 39 (3) includes the period of detention of a driving licence or other relevant document.

§ 5. A day within the meaning of § 1 and 2 shall be deemed to be a period of 24 hours calculated from the moment of actual imprisonment.

Chapter VII

Return to crime

Article 64. [ Recidivies] § 1. If the perpetrator convicted of a intentional offence of imprisonment is committed within five years after serving at least 6 months of punishment similar to a criminal offence for which he has already been convicted, the court may measure the penalty provided for assigned a perpetrator of a crime in the amount to the upper limit of the statutory threat increased by half.

§ 2. If the perpetrator has previously been convicted under the conditions laid down in § 1, who has held a total of at least a year of imprisonment and within five years after serving in full or in part the last sentence of the last sentence, he/she commits a reintentional crime against life or health, crime of rape, robbery, theft with burglary or other offense against property committed with the use of violence or the threat of its use, the court of law shall measure the imprisonment provided for the assigned crime in the amount above the lower limit of the statutory threat, and can be tracable to the upper limit of the statutory the risk increased by half.

§ 3. The increase of the upper statutory risk provided for in § 1 or 2 shall not apply to the crime.

Article 65. [ Offence to be a fixed source of income] § 1. Rules on the assessment of the penalty, the criminal measures and the measures relating to the perpetrators of the sample, provided for in respect of the perpetrator referred to in Article 64 § 2, also applies to the perpetrator who has made a permanent source of income from the commission of the offence or commits a crime in an organised group or a related party for the purpose of committing a crime and the perpetrator of the crime of a terrorist nature.

§ 2. To the perpetrator of the crime of art. 258 shall have the appropriate application of the rules applicable to the perpetrator referred to in Article 64 § 2, with the exception of the tightening of the sentence provided for in that provision.

Chapter VIII

Measures relating to the perpetrators of the sample

Article 66. [ Conditional waiver of criminal proceedings] § 1. The Tribunal may conditionally remit criminal proceedings, if the guilt and social harm of the act are not significant, the circumstances of its committing shall not raise doubts, and the conduct of the perpetrator of the unpunished for the intentional offense, his properties and personal conditions, and The existing way of life justifies the assumption that, despite the dismissal of the proceedings, he will abide by the legal order, in particular, he will not commit a crime.

§ 2. The conditional remission shall not apply to the perpetrator of a criminal offence exceeding five years of imprisonment.

Article 67. [ Conditional redemption period] § 1. A conditional remission shall take place for a trial period, which shall be between a year and three years and shall run from the decision to become eligible.

§ 2. By means of conditional criminal proceedings, the court may, in the period of the trial, render the perpetrator under the supervision of a probation officer or a person of trust, association, institution or social organisation, to which the activity belongs to the care of education, prevention demoralization or convicted aid.

§ 3. If, on the other hand, the Court of First Infringement of the European Court of First Jurisdiction and the Court of First Jurisdiction, the Court of First Jurisdiction, the Court of First Jurisdiction, the Court of First Jurisdiction, the Court of First Jurisdiction, the Court of First of the General Court may decide to take a decision on the part of the Court impose on the perpetrator the obligations set out in Article. 72 § 1 paragraphs 1-3, 5-6b, 7a or 7b, and also the cash benefit referred to in art. 39 (7), or a ban on driving, as referred to in Article 39 In accordance with Article 18 (3) of the Regulation, the Commission shall, in accordance with the procedure laid down in Article 49 (2), apply to the Member of the Council of the European Council and to the Commission, in accordance with the 72 § 1 point 7b, the court determines the manner of contact of the perpetrator with the hives.

§ 4. Article Recipe 74 shall apply mutatis mutandis.

Article 68. [ Taking criminal proceedings] § 1. The Tribunal shall take criminal proceedings if the perpetrator of the trial period has committed a deliberate offence for which he has been legitimised.

§ 2. The Tribunal may take criminal proceedings if the perpetrator in the period of the trial grossly violates the legal order, in particular when he has committed other than those referred to in § 1 offence, if the perpetrator is abrogated, the execution of the imposed obligation or the case law a criminal, compensatory or forfeiture measure or does not perform any settlement with the victim of a settlement.

§ 2a. The Tribunal shall take criminal proceedings if the circumstances referred to in § 2 have taken place after giving the perpetrators of written admonition by a judicial professional curator, unless they speak against this particular considerations.

§ 3. The court may take criminal proceedings if the perpetrator after the decision of the conditional remission of proceedings, but before his/her legitimation, blatantly violates the legal order, and in particular when he committed the offence at that time.

§ 4. Conditionally decommitted proceedings shall not be taken later than within 6 months of the end of the sample period.

Article 69. [ Conditional suspension of the execution of a custodial sentence] § 1. The court may conditionally suspend the execution of a sentence of imprisonment not exceeding a year, if the offender at the time of the offence was not sentenced to a custodial sentence and is sufficient to achieve the And, in particular, to prevent a return to crime.

§ 2. By suspending the execution of the sentence, the court shall take into account, first of all, the attitude of the perpetrator, his properties and personal conditions, the current way of life and the conduct of the conduct after the commission of the offence.

§ 3. (repealed).

§ 4. To the perpetrator of the hooliganic performance and the perpetrators of the offence referred to in Article 178a § 4 the court may conditionally suspend execution of the sentence only in particularly justified cases.

Article 70. [ Suspension period] § 1. The suspension of the execution of the sentence shall take place for a trial period which shall be from one year to three years and shall run from the judgment of the judgment.

§ 2. In the event of a suspended sentence against a juvenile perpetrator and a perpetrator who has committed an offence of violence to the detriment of a jointly resident person, the trial period shall be between 2 and 5 years.

Article 71. [ Krivona in the situation of suspension] § 1 By suspending the execution of the sentence, the court may rule a fine if its targeting of a custodial sentence on a different basis is not possible.

§ 2. Where the execution of a fine is ordered, the fine shall be ordered under Paragraph 1; the penalty shall be reduced by a period corresponding to half of the number of daily fines paid, rounded up to the nearest whole day.

Article 72. [ Duties of convicted persons] § 1. By suspending the execution of the sentence, the court obliges, and if the adjudication of the criminal measure, may oblige the convicted to:

1) to inform the court or curator about the course of the trial,

2) urged urticaria,

(3) the exercise of the obligation to keep another person in the maintenance of his duties,

4) the pursuit of gainful employment, to study or to prepare for the profession,

5) to refrain from abusing alcohol or to use other intoxicants,

6) relying on addiction therapy,

6a) the application of therapy, in particular psychotherapy or psychoeducation,

6b) participation in correctional and educational impacts,

7) refrain from being present in specific environments or places,

7a) refrain from contacting disadvantaged or other persons in a particular way or approach to the victim or other persons,

7b) leaving the premises occupied jointly with the hives,

8) other relevant proceedings in the period of the trial, which may prevent the commission from committing the crime again

-at least one of the obligations shall be ruled out.

§ 1a. By imposing an obligation mentioned in § 1 point 7a, the court shall indicate the minimum distance from the protected persons, which the convicted person is obliged to keep.

§ 1b. The court shall determine the manner in which the convicted and the victim is in contact with the perpetrator of a criminal offence committed with violence or a threat to the person who is the closest to the duty of the person who is the closest to the obligation.

Article 2 (2) of the General Court may decide on the payment of the cash referred 39 (7), or, to make a criminal offence, to make good the damage done in whole or in part, unless the compensation measure has been ruled out.

Article 73. [ Probation of the probation officer or a person of trustworthy, association, institution or social organisation during the suspension] § 1. By suspending the execution of the sentence, the court may, during the period of the trial, give the convicted person under the supervision of a probation officer or a person of trust, association, institution or social organisation to which the activity belongs to the care of upbringing, the prevention of demoralisation or Convicted aid.

§ 2. The disagreement is mandatory for the juvenile perpetrator of the intentional criminal offence, the perpetrator referred to in art. 64 § 2, as well as the perpetrators of a criminal offence committed in connection with sexual preferences disorders and the perpetrator who committed a crime with the use of violence to the detrimental person of the indwelling person.

Article 74. [ Time and manner of performance of duties] § 1. The time and manner of implementation of the obligations referred to in Article 72 the court shall determine after hearing the convicted person; the imposition of the duties set out in Article 72 § 1 points 6 and 6a shall be subject to the consent of the convicted.

(2) If the parental care of that person speaks, the court may, in the course of the sentenced person with a conditional suspension of its execution, establish, extend or amend the duties referred to in Article 4 during the period of the probation procedure. 72 § 1 points 3 to 8, or from the performance of the duties imposed, exempt, with the exception of the obligation mentioned in Article 72 § 2, as well as surrender of the convicted under the supervision or release of the dispenser.

§ 2a. Dispensation from supervision may also occur if the supervision of the supervision is impossible or significantly impeded for reasons which are unwrapped by the convicted person.

§ 3. Where a convicted person has been convicted or is obliged to perform his duties during the trial period, an application for the determination of the time and manner of performance of the duties imposed may also be submitted by a judicial professional curator, as well as a person of confidence or of the person concerned. a representative of the association, institution or social organisation referred to in Article 73 § 1.

Article 75. [ Enforcement of penalties] § 1. The court shall manage the execution of the sentence if the convicted in the trial period has committed a similar intentional offence, for which the final sentence of imprisonment without conditional suspension of execution of the sentence has been ordered

§ 1a. The court shall administer the execution of a sentence if convicted of a criminal offence committed with violence or a threat of unlawful to the nearest person or any other person of a minor living together with the perpetrator in the period of the trial grossly violates the legal order, again using violence or a threat to the nearest person or any other person who is a minor living together with the perpetrator.

§ 2. The Tribunal may order enforcement of the sentence if the convicted in the period of trial grossly violates the legal order, in particular when he has committed a different offence than those referred to in § 1, or if he is abrogated from the payment of the fine, from the supervision, the execution of the imposed the obligations or rulings of the criminal measures, compensatory measures or forfeiture.

§ 2a. The court shall administer the execution of the sentence if the circumstances referred to in § 2 have taken place after giving the convicted written admonition by a judicial professional curator, unless they speak against this particular consideration.

§ 3. The Tribunal may order enforcement of the sentence if convicted after the sentence has been delivered, but before it is legitimised, blatantly violates the legal order, and in particular when it has committed a crime at that time.

§ 3a. By managing the execution of the sentence in the cases referred to in paragraphs 2 and 3, the court may, taking into account the course of the sample so far and in particular the execution of the duties imposed, shorten the case-law, but not more than half.

§ 4. The implementation of the penalty shall not take place later than 6 months after the end of the sample period.

§ 5. (repealed).

Article 75a. [ Replacement of a custodial sentence with a conditional suspension of its execution for another type of punishment] § 1. In the case of a custodial sentence with a conditional suspension of its execution, which in the period of the trial grossly violates the legal order, in particular when it has committed a different offence than those referred to in art. 75 § 1, or, if it is waived of payment of the fine, from the supervision, the execution of the obligations imposed or the punishable measures, compensatory measures or forfeiture, the court may, if the objectives of the penalty are thus met, having regard to the weight and the type of criminal offence assigned to the sentenced person, instead of the order to execute the sentence of imprisonment, turn it into a penalty of restriction of liberty in the form of an obligation to perform an unpaid, controlled work on social objectives, assuming that one the day of the custodial sentence shall be equal to two days of the restriction of liberty, or for a fine, accepting that one day of imprisonment equals two daily fines. The penalty of restriction of liberty shall not last more than 2 years, and the fine shall not exceed 810 daily rates.

§ 2. The provision of § 1 shall not apply to a convicted person who has not executed the obligation laid down in the Article. 72 § 1 point 7b or in § 2.

§ 3. The Tribunal shall, by turning the sentence of imprisonment with the conditional suspension of its execution to a penalty of restriction of liberty or on a fine, shall, as far as possible, be heard by the convicted.

§ 4. The replacement of a custodial sentence with a conditional suspension of the exercise of a restriction of liberty or a fine shall not relieve the convicted of criminal measures, forfeiture, compensatory measures or measures convicted of him or her from the execution of the sentence imposed on him. collateral, even if a total penalty has been applied.

§ 5. If the convicted abrogates from the execution of the penalty of restriction of liberty, on the payment of the fine, the execution of the obligations imposed on him or the punitive measures, forfeiture or compensatory measures, the court shall revoke the conversion and manage the execution of the sentence deprivation of liberty.

§ 6. In the event of a failure to replace and manage the execution of a custodial sentence, the custodial sentence is either a fine or a penalty of restriction of liberty, accepting that one day of imprisonment freedom is equal to two daily fines, or two days of the penalty of restriction of liberty.

§ 7. The provisions of paragraph 1 shall not apply where the custodial sentence with a conditional suspension of its execution has been adjudicated on the basis of an article. 60 § 5 or art. 60a.

Article 76. [ Sentencing] § 1. The conviction shall be reduced by the law within six months of the end of the trial period. In the case referred to in Article 75a, the collapse of the conviction shall take place over the periods provided for in the Article. 107 § 4 and 4a. Article Recipe 108 shall apply.

§ 2. If a fine, a criminal measure, a forfeiture or a compensatory measure has been imposed on the convicted person, the conviction shall not take place prior to their execution, the donation or the limitation of their execution.

Article 77. [ Conditional release] § 1. Sentenced to imprisonment, the court can conditionally release the rest of the sentence only if its attitude, characteristics and personal conditions, the circumstances of the commission of the offence and the conduct after it has been committed and during the serving of the sentence justify the belief that the convicted after release will comply with the case law of the criminal or collateralisation measure and respect the legal order, in particular, he will not commit the offence again.

§ 2. In a particularly justified case, the court will be punished by a penalty mentioned in the article. 32 points 3 to 5, may set stricter restrictions on the use of the convicted of conditional release than provided for in the Article. 78.

Article 78. [ Conditional release date] § 1. The convicted person can be conditionally released after serving at least half of the sentence.

§ 2. of the convicted referred to in art. 64 § 1 may be conditionally released after two thirds of the penalty, but referred to in Article 4. 64 § 2 after three quarters of the sentence.

§ 3. Sentenced to 25 years of imprisonment can be conditionally released after serving 15 years of punishment, while sentenced to life imprisonment after serving 25 years of punishment.

Article 79. [ Penalties not subject to merger] § 1. The provisions of Article 4 78 (1) and (2) shall apply mutatis mutandis to the sum of two or more of the non-custodial custodial sentences to be held in succession; the provision of Article 1 (1) (a) of 78 § 2 shall apply if one of the offences has been committed under the conditions laid down in Article 4 (2). 64.

§ 2. The convicted may be, irrespective of the conditions laid down in art. 78 § 1 or 2, release conditionally after serving 15 years of imprisonment.

§ 3. Article Recipe 78 § 3 shall apply mutatis mutandis if one of the non-merits of the penalties to be held consecutively is punishable by 25 years of imprisonment or life imprisonment.

Article 80. [ Probation period for conditional release] § 1. In the event of conditional release, the remaining duration of the sentence shall be the trial period, which shall not, however, be less than 2 years or more than 5 years.

§ 2. If the convicted person is the person referred to in the Article. 64 § 2, the sample period may not be less than 3 years.

§ 3. In case of conditional release from the sentence of 25 years imprisonment or life imprisonment, the trial period is 10 years.

Article 81. [ Reconditional Release] In the event of a conditional release, the parole exemption shall not take place until after the reposition, at least a year, of imprisonment and, in the case of a sentence of 25 years, of imprisonment or life imprisonment. freedom before at least 5 years of punishment.

Article 82. [ Punishment] § 1. If, during the period of the trial and within 6 months of the end of the sample, no conditional release has been cancelled, the penalty shall be deemed to have been held at the moment of conditional release.

§ 2. In the case of the total sentence imposed by the sentenced person, the total amount of the sentence imposed on the total amount of the sentence is limited to the actual period of the sentence.

Article 83. [ Exemption from the penalty of restriction of liberty] Sentenced to a penalty of restriction of liberty, which has held at least half of the case-law, while complying with the legal order, as well as the obligations imposed on him, the punitive measures, compensatory measures and forfeiture imposed on him, the court may Free from the rest of the sentence, considering it to be done.

Article 84. [ Execution of criminal measures] § 1. The court may, after the expiry of the half of the period for which the criminal measures referred to in Article 4 have been adopted. 39 points 1-3, consider them to be executed if the convicted has complied with the legal order and the criminal measure has been executed against it for at least one year.

§ 2. The provision of § 1 shall not apply if the punitive measures listed in Article 1 Paragraphs 2, 2a and 3 of Article 39 were adjudicated on the basis of Article 4 of 41 § 1a or art. 42 § 2.

§ 2a. If the penal measure has been adjudicated on, the court may consider it to be executed if the convicted person has complied with the legal order and there is no fear of a re-committal of a criminal offence similar to that for which the criminal measure has been adjudicated and the criminal measure in question was in the For at least 15 years of age.

§ 3. The Tribunal may exempt a convicted from the obligation of an Article on the basis of an Article 41b (5) or (7) after the end of the half of the period for which it has been decided, if the obligation has been applied for at least one year, and the conduct of the convicted person indicates that the continued application of the obligation is not necessary to meet the objectives of the criminal measure.

Art. 84a. (repealed).

Chapter IX

Offences and the combination of penalties and criminal measures

Article 85. [ Offence] § 1. If the perpetrator has committed two or more offences and has been punishable by the same type of offence or other subject to the merger, the court shall rule on the total penalty.

§ 2. The basis of the decisions of the total sentence shall be meted out and subject to execution, subject to art. 89, in whole or in part, the penalties or penalties applicable to the offences referred to in paragraph 1.

§ 3. A single penalty shall not be based on the penalty for a criminal offence committed after the beginning and before the completion of another sentence subject to the merger with the criminal offence at the time of the offence, or the total penalty, in the composition of which is the punishment that was carried out at the time of the act.

§ 4. The total penalty shall not include the penalties imposed by the judgments referred to in Article 4. 114a.

Article 85a. [ Objective of the total penalty] By ruling the total penalty, the court takes into account first and foremost the preventive and educational objectives that the punishment is to achieve in relation to the convicted, and the need for shaping the legal consciousness of the society.

Article 86. [ Total Penalty Boundaries] § 1. The court of justice shall measure the total penalty within the limits of the highest penalty for individual offences to their sum, without however exceeding the 810 daily fines, two years of restriction of liberty or 20 years of imprisonment; the imprisonment of the court of justice They come out in months and years.

§ 1a. If the sum of the sentenced custodial sentences is 25 years or more, and if one of the penalties to be combined is not less than 10 years, the court may order a total of 25 years of imprisonment.

§ 2. By measuring the total fine, the court shall determine the rate of the daily rate at the new rate, guided by the indications referred to in Article 3. 33 § 3; however, the daily rate may not exceed the highest rate previously established.

§ 2a. If one of the merits of the fines is subject to quota, the total fine shall be penalled.

§ 2b. If one of the merits of the fines has been adjudicated on the basis of a provision providing for a higher upper limit of the statutory risk to that penalty than that referred to in Article 4 of the Treaty on the European Union, the 33 § 1, the court of first sentence of a total fine within the limits of the highest of the penalties of this kind against the individual offences to their sum, without however exceeding the 4 500 daily rates of the fine or the highest of fines, if it exceeds 4 500 daily rates.

§ 3. By measuring the total restriction of liberty, the court shall determine the new obligations or the amount of the deduction referred to in Article 4. 34 § 1a, as well as may impose on the perpetrator of the duties mentioned in art. 72 § 1 points 2 and 3, as well as the cash payment referred to in art. 39 point 7.

§ 4. The rules of the assessment of the total penalty referred to in paragraphs 1 to 3 shall apply mutatis mutandis where at least one of the penalties subject to the merger is already ordered by the total penalty.

Article 87. [ Kara's total imprisonment and restriction of liberty] § 1. In the event of a conviction for the converging crimes of imprisonment and restriction of liberty, the court of justice is punishing the total imprisonment, accepting that the month of restriction of liberty shall be equal to 15 days of imprisonment.

§ 2. If the criminal offence is punishable by deprivation of liberty and the restriction of liberty and the penalty of imprisonment would not exceed six months, and the penalty of a total restriction of liberty shall be 2 years, the court may rule these penalties together at the same time, if the objectives of the penalty are thus met.

Article 88. [ Lifelong deprivation] If the most severe punishment for one of the running offences is a sentence of 25 years of imprisonment or life imprisonment, the sentence shall be ordered as a total penalty; in the case of confluency of two or more sentences of 25 years freedom of the court may rule as punishment a total sentence of life imprisonment.

Article 89. [ Conditional on the execution of the total penalty] § 1. In the event of a conviction for the converging offences against imprisonment with a conditional suspension and without the conditional suspension of their execution, the court may conditionally suspend the execution of a total sentence in a dimension not exceeding the year, if the perpetrator in the time of committing each of these offences has not been a custodial sentence and that is sufficient to achieve the objectives of the penalty and, in particular, to prevent a return to crime.

§ 1a. In the event of a conviction for the running of offences against imprisonment with the conditional suspension of their execution, the court may, in its judgment, order the total imprisonment without conditional suspension of its execution.

§ 1b. The court adjudicates the total imprisonment without conditional suspension of its execution, accepting that a month of imprisonment with a conditional suspension of its execution equates to 15 days of imprisonment without conditional suspension of its execution.

§ 2. (repealed).

§ 3. (repealed).

Art. 89a. [ Suspension of execution of the total penalty] § 1. If one of the penalties subject to the merger is a custodial sentence with a conditional suspension of its enforcement, it shall be held on the basis of an article. 60 § 5, the court may conditionally suspend the execution of a total sentence not exceeding the dimension of the custodial sentence, case-law on the basis of that provision.

§ 2. By waiving the total imprisonment with the conditional suspension of its execution, the court may declare the fine referred to in Art. 71 § 1, even if it were not ruled out for the remainder of the crime.

§ 3. In the event of a conjugations of trial periods, the court shall decide the trial period and the associated obligations. In the event of the confluance of the decisions referred to in paragraph 1, the period of the sample may be up to 10 years.

Article 90. [ Application of criminal and security measures] § 1. The criminal measures, forfeiture, compensatory measures, protective measures and dispensers shall be applied, even if only one of the offenders of the offence is concerned.

§ 2. In the event of a judgment for a criminal offence of deprivation of public rights, prohibitions or obligations of the same kind, the court shall apply the provisions of the total penalty accordingly.

Article 91. [ Offences] § 1. If the offender commits at short intervals, using the same opportunity, two or more offences, before the first sentence has been taken, though unlawfully, as to any of these offences, the court shall rule one penalty in the a transcript that forms the basis of its dimension for each of these offences, up to the upper limit of the statutory threat increased by half.

§ 2. If the perpetrator is in accordance with the conditions laid down in the Article 85 shall commit two or more of the offences referred to in § 1 or a string of offences and another offence, the court shall rule a total penalty by applying the provisions of that chapter accordingly.

§ 3. If the offender has been convicted by two or more convictions for offences falling within the offences referred to in paragraph 1, the total penalty shall not exceed the upper limit of the statutory risk, increased by half, as provided for in the provision forming the basis for the punishment for each of these offences.

Article 92. (repealed).

Art. 92a. (repealed).

Chapter X

Safeguard measures

Article 93. (repealed).

Art. 93a. [ Safeguards] § 1. The security measures shall be:

1) electronic control of the place of stay,

2) therapy,

3) addiction therapy,

4) stay in a psychiatric facility.

(2) If the law so provides, the order and the prohibitions referred to in Article 1 shall be ordered by the title of the security measure. 39 points 2 to 3.

Art. 93b. [ Adjudication of the hedging measure] § 1. The court may rule the security measure when it is necessary to prevent the perpetrator from being recommitted by the perpetrator, and other legal remedies specified in that Code or adjudicated on the basis of other laws shall not be sufficient. The security measure referred to in Article 93a § 1 point 4, can only be given to prevent the perpetrator from committing a criminal act of serious social harm.

Article 2 The Court of First Instance shall repeal the safeguard measure where it is no longer necessary to continue its application.

§ 3. The protective measure and the manner in which it is carried out shall be appropriate to the degree of social detriment of the criminal offence which the perpetrator may commit, and the likelihood of his/her being committed, and take into account the needs and progress of the treatment, or treatment of addiction. The court may amend the judgment in respect of the perpetrator of the security measure or the manner in which it is exercised, if the former has become inadequate or cannot be exercised by the measure.

§ 4. The same offender may be subject to more than one security measure; the provisions of paragraphs 1 and 3 shall apply, taking into account all the security measures being held.

§ 5. The court will rule the stay in a psychiatric facility only if the law so provides.

Art. 93c. [ The perpetrator to which safeguards may be made] The security measures may be made to the perpetrator:

1) as to which the proceedings of a prohibited act were committed in a state of insanity as referred to in Art. 31 § 1,

2) in the event of a conviction for a crime committed in the state of limited insanity set out in Art. 31 § 2,

3) in the event of conviction for the offence referred to in art. 148, art. 156, art. 197, art. 198, art. 199 § 2 or art. 200 § 1, committed in connection with sexual preference disorder,

4) in the case of a sentence of imprisonment without the conditional suspension of the intentional criminal offence referred to in Chapter XIX, XXIII, XXV or XXVI, committed in connection with a personality disorder of such a nature or severity, that occurs as the least likely to commit an act prohibited by violence or the threat of its use,

5) in the event of a conviction for a crime committed in connection with an addiction to alcohol, a intoxicating agent or other similarly acting measure.

Art. 93d. [ Deletion of the time of use of the safeguard measure] § 1. The time of use of the hedging agent shall not be determined in advance.

§ 2. In the form of a security measure in the form of a stay in a psychiatric facility, the court may decide on one or more of the protective measures referred to in Article 3. 93a § 1 point 1-3.

§ 3. The court shall determine the need and the possibility of executing the case-law of a security measure not earlier than six months before the probable conditional release or detention of a custodial sentence.

§ 4. Where the perpetrator is punishing the custodial sentence, the security measures referred to in Article 4 shall be applied to the offender. 93a § 1 point 1-3, may also be referred to the time of the execution of that penalty, but not earlier than six months before the conditional release or serving of a custodial sentence was envisaged.

§ 5. If the perpetrator is sentenced to imprisonment without the conditional suspension of his or her execution, a sentence of 25 years imprisonment or life imprisonment, the adjudicated measure shall be applied after serving a sentence or a conditional exemption, unless otherwise provided by the law.

§ 6. If the conduct of the perpetrator, following the abrotation of the security measure, indicates that the precautionary measures are to be applied, the court may, no later than three years after the repeal of the measure, re-enter the same safeguard measure or other the measure referred to in Article 93a § 1 point 1-3.

Art. 93e. [ Electronic residence check] The perpetrator in respect of which the electronic control of the place of stay has been adjudicated is obliged to subject himself to the continuous inspection of the place of his/her stay in a technical device, including the worn transmitter.

Art. 93f. [ Therapy] § 1. The person who has been treated has an obligation to present a medical, sexual and/or therapist at the time indicated by a medical practitioner and to a pharmacological treatment that is aimed at weakening the proposition sexual, psychotherapy or psychoeducation in order to improve its functioning in society.

§ 2. The perpetrator, in respect of whom addiction therapy has been adjudicated, has the obligation to present the treatment of the drug treatment facility indicated by the court within the time limits prescribed by the doctor and to treat the addiction to alcohol, the intoxicating agent or a similar working measure.

Art. 93g. [ Stay in a suitable psychiatric facility] § 1. The court shall rule the stay in an appropriate psychiatric institution against the perpetrator referred to in art. 93c (1) if there is a high probability that it will again commit an act prohibited by a significant social detriment in relation to a mental illness or a mental impairment.

§ 2. By sentencing the perpetrator referred to in art. 93c point 2 on imprisonment without conditional suspension of its execution, a sentence of 25 years imprisonment or life imprisonment, the court shall rule stay in an appropriate psychiatric facility, if there is a high the probability that he will commit an act prohibited by a significant social harm in relation to a mental illness or mental impairment.

§ 3. By condemning the perpetrator referred to in art. 93c point 3 on imprisonment without conditional suspension of its execution, a sentence of 25 years imprisonment or life imprisonment, the court shall rule stay in an appropriate psychiatric facility, if there is a high the likelihood of a convicted felony committing a crime against life, health or sexual freedom in relation to a sexual preference disorder.

Article 94. (repealed).

Article 95. (repealed).

Art. 95a. (repealed).

Article 96. (repealed).

Article 97. (repealed).

Article 98. (repealed).

Article 99. [ The act perpetrated in the state of insanity] § 1. If the perpetrator has committed an act prohibited in the state of insanity as referred to in Article In accordance with Article 18 (1), the General Court may, in accordance with the procedure laid down in Article 4 (1), decide whether 39 points 2 to 3.

§ 2. The prohibitions listed in art. 39 points 2-3 shall be adjudicated without specifying the duration of their validity; the court shall quash them when the reasons for their decision have been established.

Article 100. (repealed).

Chapter XI

Expiration

Article 101. [ Criminality limitation] § 1. The criminality of the offence shall cease if, from the time of its being committed, it has elapsed years:

1) 30-where the act constitutes a crime of murder,

(2) 20-where the act constitutes a different crime,

2a) [ 5] 15-where the act is an offence punishable by a custodial sentence of more than five years,

3) 10-where the act is an imprisonment of a custodial sentence of more than 3 years,

4) [ 6] 5-when it comes to other appearants.

5) (repealed).

§ 2. [ 7] The criminality of a criminal offence prosecuted with a private prosecution shall cease within one year of the time when the victim has learned of the person's offender, but not later than three years from the time of his or her committing.

§ 3. In the cases provided for in Paragraph 1 or 2, where the offence depends on the effect of the act referred to in the Act of effect, the limitation period shall start from the time when the effect occurred.

§ 4. In the case of:

1) performances against life and health, committed to the detriment of a minor, endangered by punishment, whose upper limit exceeds 5 years of imprisonment,

2) offences referred to in Chapter XXV, committed against the harm of a minor, or when pornographic content includes the participation of a minor

-the limitation of the criminal offence shall not take place before the offence is completed by 30. year of life.

Article 102. [ Criminality limitation] If, during the period referred to in Article 101, proceedings instituted against a person, the criminality of the offence committed by the person, shall expire 5 years after the end of that period.

Article 103. [ Penalty of execution of the sentence] § 1. A penalty cannot be carried out if, on the basis of the guilty verdict of the sentence, the following years have elapsed:

1) 30-in the event of a custodial sentence exceeding 5 years or a more severe penalty,

2) 15-in the case of a sentence of imprisonment not exceeding 5 years,

3) 10-in the case of sentencing for another penalty.

§ 2. The provision of Paragraph 1 (3) shall apply mutatis mutandis to criminal measures, compensatory measures and forfeiture.

Article 104. [ Statute Of Limitations] § 1. The statute of limitations shall not run if the provision of the Act does not allow for the initiation or continuation of criminal proceedings; however, this does not apply to the absence of a request or private prosecution.

§ 2. (repealed).

Article 105. [ Exemption of expiration] § 1. Art. 101-103 does not apply to crimes against peace, humanity, and war crimes.

§ 2. Article 2. 101-103 does not also apply to a deliberate crime: killings, severe bodily harm, grievance of health or deprivation of liberty combined with particular anguished, committed by a public officer in connection with the performance of official duties.

Chapter XII

Sentencing

Article 106. [ Consequences of the contamination of the conviction] When the sentencing is taken, the convictions shall be deemed to be non-bovine; the entry on conviction shall be removed from the register of convictions.

Article 106a. [ Exclusion of conviction] It shall not be subject to the conviction of a custodial sentence without the conditional suspension of its execution for a crime against sexual freedom and morality if the victim was a minor under 15.

Article 107. [ Deadlines for sentencing] § 1. In the event of a custodial sentence, as referred to in Article 1, 32 points 3 or a sentence of 25 years of imprisonment, the term of conviction shall be effected by virtue of the law within 10 years of the execution or giving of the sentence or the statute of limitations on its execution.

§ 2. The Tribunal may, at the request of a convicted order, order the conviction to be imposed after a period of five years, if the convicted in that period complied with the legal order and the sentence imposed by imprisonment did not exceed 3 years.

§ 3. In the event of a sentence of life imprisonment, the conviction shall be imposed by the law within 10 years of its recognition as being performed, from the date on which the sentence has been given, or the statute of limitations on its execution.

§ 4. In the event of a restriction on the restriction of liberty, the conviction shall be imposed by the law within three years of the execution or giving of the penalty, or the statute of limitations on its execution.

§ 4a. In the event of a conviction for a fine, the conviction shall be imposed by the law within one year of the execution or giving of the penalty, or from the statute of limitations on its execution.

§ 5. In the event of a waiver of the penalty, the conviction shall be made by the law within one year of the final decision.

§ 6. Where a criminal measure, forfeiture or compensatory measure has been ordered, the loss of a conviction shall not take place prior to its execution, the donation or limitation of its execution. The contamination of the conviction shall also not occur prior to the execution of the safener.

Art. 107a. (repealed).

Article 108. [ Sentencing dissertation in the case of recidivism] If the perpetrator has been convicted of two or more non-criminal offences, as well as if convicted after the start, but before the expiry of the period required for the conviction of conviction, he has again committed a criminal offence, only simultaneous Tart all the convictions.

Chapter XIII

Responsibility for crimes committed abroad

Article 109. [ Offence committed abroad] The Polish Criminal Law applies to a Polish citizen who has committed a crime abroad.

Article 110. [ Offence committed by a foreigner] § 1. The Polish Criminal Law applies to a foreigner who has committed abroad an act prohibited against the interests of the Republic of Poland, a Polish citizen, a Polish legal person or a Polish organizational unit of a non-personalized personality legal and to a foreigner who committed an offence of a terrorist nature abroad.

§ 2. The Polish Criminal Act applies in the event of a foreigner committing a criminal offence other than those mentioned in § 1, if the act is prohibited in a Polish penal law in danger of a punishment exceeding 2 years of imprisonment, and the perpetrator is staying in the territory of the Republic of Poland and has not been decided to issue.

Article 111. [ Conditions of Liability] § 1. The condition of responsibility for an act committed abroad is to consider such an act as a criminal offence also by the law in force at the place of its committing.

§ 2. If there are differences between the Polish law and the law in force at the place of committing the act by applying the Polish Law, the court may consider these differences to the benefit of the perpetrator.

§ 3. The condition provided for in § 1 does not apply to a Polish public servant who, serving abroad, has committed a crime there in connection with the performance of his duties, nor to the person who committed the crime in the place not subject to any state authority.

Article 112. [ Unconditional Responsibility] Irrespective of the regulations in force at the place of committing a prohibited act, the Polish Criminal Law applies to a Polish citizen and a foreigner in the event of committing:

1) crimes against internal security or external security of the Republic of Poland,

1a) (lost power),

2) crimes against Polish offices or public officers,

3) crimes against significant Polish economic interests,

4) crimes of false confessions filed against the Polish office,

5) the offence, from which it was reached, even indirectly, the benefit of the property in the territory of the Republic of Poland.

Article 113. [ Prosecution of a criminal offence under international agreements] Irrespective of the regulations in force at the place of the offence, the Polish Criminal Law applies to a Polish citizen and a foreigner who has not been decided to issue, in the event of his or her committing abroad a criminal offence to which prosecution of the Republic of Poland shall be obliged by the international agreement, or the offence referred to in the Rome Statute of the International Criminal Court, drawn up in Rome on 17 July 1998. (Dz. U. 2003 r. Nr 78, pos. 708).

Article 114. [ Foreign ruling] § 1. A decision taken abroad shall not prevent the initiation or conduct of criminal proceedings of the same act prohibited before the Polish court.

Article 2 (2) of the Court of First Instance, in accordance with the provisions of the Court of Justice of the European Union, of the Court of Justice of the European Union and of the Court of Justice of the European Union,

§ 3. The provisions of paragraph 1 shall not apply:

1) if the conviction passed abroad has been taken into execution on the territory of the Republic of Poland, as well as when the decision taken abroad relates to a criminal offence, in connection with which the transfer of law or issue has been handed over the perpetrators of the territory of the Republic

2) to the rulings of international criminal tribunals acting on the basis of binding the Republic of Poland international law,

3) to the final rulings of the courts or other bodies of foreign states ending criminal proceedings, if this is due to the binding Republic of Poland of the international agreement.

§ 4. If there has been a takeover of a Polish citizen, convicted by a court of a foreign state, to execute the sentence on the territory of the Republic of Poland, the court shall determine according to the Polish law the legal qualification of the act and the enforceding penalty, or another measure provided for in that law; the basis for determining the sentence or the measure to be executed is a sentence handed down by a court of a foreign state, a penalty threatening such an act in the Polish law, the period of actual deprivation of liberty abroad, and the penalty or other measure taken there, taking into account differences in the benefit of the convicted.

Art. 114a. [ Inclusion of a judgment given in another EU Member State] § 1. The conviction is also a final conviction for committing a criminal offence issued by a court competent in criminal matters in a Member State of the European Union, unless, according to the penal law of the Polish act, he is not a criminal offence, the perpetrator is not punishable or punishable by an unknown law.

§ 2. In the event of a conviction by the court referred to in § 1, in cases:

1) the application of the new criminal law, which entered into force after the sentence of the conviction,

2) contamination of the sentencing

-the law in force at the sentencing site shall apply. Article Article 108 does not apply.

§ 3. The provision of paragraph 1 shall not apply if the information obtained from the criminal record or from the court of a Member State of the European Union is not sufficient to determine the conviction or the penalty shall be punished in the country in which the conviction occurred.

Chapter XIV

Explanation of statutory expressions

Article 115. [ Definitions] § 1. The act of a criminal act shall be prohibited by an act of the marks.

§ 2. When assessing the degree of social harm the court takes into account the nature and nature of the infringed good, the extent of the inflicted or threatening damage, the manner and circumstances of committing the act, the gravity of the duties violated by the perpetrator, as well as The intent, motivation of the perpetrator, the type of prudence violated and the degree of violation of the rules.

§ 3. Crime is similar to crimes of the same kind; crimes involving violence or threats to its use, or crimes committed in order to achieve property gain are considered to be similar crimes.

§ 4. The benefit of a property or personal advantage is an advantage both for themselves and for whom else.

§ 5. The value of a significant value is the property, the value of which at the time of committing the prohibited act exceeds 200 000 PLN.

§ 6. The property of a great value is the property whose value at the time of committing the prohibited act exceeds 1 000 000 zlotys.

§ 7. The provisions of paragraphs 5 and 6 shall apply to the determination of "substantial damage" and "damage to great sizes".

§ 8. (repealed).

§ 9. A movable or object is also a Polish or foreign currency or other means of payment and a document entitling to receive the sum of money or the obligation to pay the capital, interest, profit participation or participation in the company.

§ 10. A juvenile is a perpetrator who, at the time of committing a prohibited act, has not completed 21 years and at the time of the ruling in the first instance of 24 years.

§ 11. The nearest person is the spouse, preliminary, keen, siblings, should be in the same line or degree, the person remaining in the intercourse and her spouse, as well as the person remaining in the common loan.

§ 12. The threat of unlawful is both the threat referred to in art. 190, as well as the threat of criminal proceedings or the broadcast of a preemptive message of an endangered person or of his or her immediate person; does not constitute a threat to the cause of criminal proceedings if it is intended solely for the purpose of protecting the law of a criminal offence.

§ 13. The public officer shall be:

1) President of the Republic of Poland,

2) a Member, a senator, a councillor,

(2a) Member of the European Parliament,

3) a judge, a juror, a prosecutor, a financial officer of a body of preparatory proceedings or a parent body over a financial body of preparatory proceedings, a notary, a bailiche, a court curator, a receiver, a court supervisor and a manager, a person adjudicating in the disciplinary bodies operating under the Act,

4) a person who is an employee of a government administration, another state body or a local government, unless it is only a service activity, and another person in the area where he is entitled to issue administrative decisions,

5) a person who is an employee of the state control authority or the control authority of the local government, unless it is only a service activity,

6) a person occupying a managerial position in another state institution,

7) an officer of a body appointed to protect public security or an officer of the Prison Service,

8) a person serving an active military service,

(9) an employee of an international criminal tribunal, unless it is only a service activity.

§ 14. The document shall be any subject or other record of the information to which the law is bound, or which, by reason of its content, constitutes evidence of the law, the legal relationship or the circumstances of legal importance.

§ 15. Within the meaning of this Code, a vessel is also considered to be a permanent platform on the continental draft.

§ 16. The state of impossibility within the meaning of this code shall occur when:

1) the blood alcohol content of more than 0,5 promila or leads to a concentration exceeding that value, or

2) alcohol content in 1 dm ³ the exhaled air exceeds 0,25 mg or leads to a concentration exceeding that value.

§ 17. The soldier is a person serving an active military service.

§ 18. An order shall be the order of a specific act or omission issued to a soldier by a superior or an eligible soldier of an older foot.

§ 19. A public officer is a public officer, a member of a self-government body, a person employed in a business unit with public funds, unless he is performing only a service task, and another person whom he/she has the powers and obligations in the field of public activities are defined or recognised by the Law or the binding of the Republic of Poland an international agreement.

§ 20. A terrorist offence shall be a criminal offence punishable by deprivation of liberty, the upper limit of which shall be at least 5 years, committed in order to:

1) the serious intimidation of many people,

2) to force the public authority of the Republic of Poland or other state or body of an international organization to undertake or omits specific acts,

3) calls for serious disturbances in the system or economy of the Republic of Poland, another country or an international organization

-and the threat of committing such an act.

§ 21. The hooliganic performance is a deliberate attack on health, freedom, honor or physical integrity, for general safety, for the activity of state institutions or local government, to order public, or deliberately destroying, damaged or purposing an unserviceable thing, if the perpetrator works in public and without reason or of course a tribune reason, manifesting by this blatant disregard for the legal order [ 8] .

§ 22. Trafficking in human beings shall be the verbal, transport, supply, transfer, storage or reception of persons using:

1) violence or a threat of unlawful,

2) abduction,

3) deceit,

(4) to mislead or to make an error or inability to properly understand the undertaking concerned,

(5) abuse of relationship, use of critical location or state of helplessness,

6) to grant or accept a property or personal advantage or its promise to the person exercising the care or supervision of another person

-in order to make use of it, even with its consent, in particular in prostitution, pornography or other forms of sexual exploitation, in work or services of a forced nature, in begging, slavery or other forms of use degrading human dignity or to obtain cells, tissues or organs contrary to the provisions of the Act. If the offender's behaviour concerns a minor, it constitutes human trafficking, even if the methods or measures referred to in points 1 to 6 have not been used.

§ 23. Slavery is a state of dependency, in which man is treated as an object of property.

Chapter XV

Relation to specific laws

Article 116. [ Application of provisions of the general part] The provisions of the General Part of this Code shall apply to other laws providing for criminal liability, unless those laws expressly exclude their application.

PART SPECIAL

Chapter XVI

Crimes against peace, humanity, and war crimes

Article 117. [ War of the attackers] § 1. Who instigates or conducts a war of aggression,

shall be punished by imprisonment for not less than 12 years, punishable by 25 years of imprisonment or punishable by life imprisonment.

§ 2. Who makes preparations for the commission of the offence referred to in § 1,

shall be punished by imprisonment for a time not less than the age of 3.

§ 3. Who publicly calls for an attacking war or publicly praises the initiation or conduct of such a war,

shall be punished by imprisonment from 3 months to the age of 5.

Article 118. [ Destruction of the national group] § 1. Who, in order to destroy all or part of a national, ethnic, racial, political, religious or religious group or group of a particular worldview, is allowed to kill or cause serious injury to the health of the person in that group,

shall be punished by imprisonment for not less than 12 years, punishable by 25 years of imprisonment or punishable by life imprisonment.

§ 2. Who, for the purposes referred to in § 1, creates for persons belonging to such a group the conditions of life threatening it with biological destruction, applies the measures intended to withhold birth within the group or forcibly deprive the children of persons belonging to it,

shall be punished by imprisonment for not less than 5 years or punished by 25 years of imprisonment.

§ 3. Who shall make preparations for the offence referred to in § 1 or 2,

shall be punished by imprisonment for a time not less than the age of 3.

Article 118a. [ Participation in mass assassination] § 1. Who, taking part in the mass assassination or even one of the repeated attacks directed against the population group undertaken to implement or support the policy of the state or organization:

1) homicide may be permitted,

2) cause severe injury to human health,

3) create, for persons belonging to the population group, the living conditions threatening their biological existence, in particular by depriving access to food or medical care, which are calculated on their destruction,

shall be punished by imprisonment for not less than 12 years, punishable by 25 years of imprisonment or punishable by life imprisonment.

§ 2. Who, taking part in the mass bombings or even one of the repeated attacks directed against the population group undertaken to implement or support the policy of the state or organization:

1) causes the person to be put into slavery, or keeps it in that state,

2) deprive the person of liberty for a time exceeding 7 days or with particular anguishing,

3) use torture or subjected to cruel or inhumane treatment,

4) it is permitted to rape or use violence, unlawful or otherwise violating the sexual freedom of a person,

5) by using violence or a non-legal threat, causes the woman to become pregnant in an intention to influence the ethnic composition of a group of the population or to make other serious violations of international law,

6) deprive the person of liberty and refuses to provide information concerning that person or the place of his/her stay or provides untrue information concerning that person or the place of her stay, in his intention to deprive such person of legal protection for longer period,

shall be punished by imprisonment for not less than 5 years or punished by 25 years of imprisonment.

§ 3. Who, taking part in the mass assassination or even one of the repeated attacks directed against the population group undertaken to implement or support the policy of the state or organization:

1) in violation of international law obliges persons to change their lawful residence,

(2) a serious persecution of the population group is permitted for reasons which are declared inadmissible under international law, in particular political, racial, national, ethnic, cultural, religious or non-religionism, worldview or gender, causing deprivation of fundamental rights,

shall be punished by imprisonment for a time not less than the age of 3.

Article 119. [ Violence against the national group] § 1. Who applies violence or a threat of unlawful to a group of individuals or individuals because of their national, ethnic, racial, political, religious or religious affiliation, or because of their lack of religion,

shall be punished by imprisonment from 3 months to the age of 5.

§ 2. (repealed).

Article 120. [ Use of mass extermination] Who applies a mass extermination measure prohibited by international law,

shall be punished by imprisonment for a period of not less than 10 years, punished by 25 years of imprisonment or punishable by life imprisonment.

Article 121. [ Gathering of mass destruction measures] § 1. Who, contrary to international law or law, manufactures, collects, acquires, acquires, stores, carries or transmits mass destruction or means of fight, or conducts research to manufacture or apply such measures,

shall be punished by imprisonment from the year to the years 10.

§ 2. The same penalty shall be subject to the person who is permitted to commit the act referred to in § 1.

Article 122. [ Attacking Sanitation] § 1. Who, in the course of the armed activities, attacks the city or the non-defended, sanitary, demilitarised or neutralized area, or otherwise uses a fight prohibited by international law,

shall be punished by imprisonment for not less than 5 years or punished by 25 years of imprisonment.

§ 2. The same penalty shall be subject to who, during the armed activities, applies a measure of fight prohibited by international law.

Article 123. [ Killings against the injured] § 1. Who, in violation of international law, is permitted to kill:

1) persons who, when placing the weapon or without having the means of defence, have surrendered,

2) injured, sick, divorctions, medical staff or clergy,

3) POWs,

4) the civilian population of the area occupied, occupied or on which the armed activities are being underway, or other persons enjoying the time of the armed activities with international protection,

shall be punished by imprisonment for not less than 12 years, punishable by 25 years of imprisonment or punishable by life imprisonment.

§ 2. Who, in violation of international law, causes the persons listed in § 1 to make a serious injury to health, to torture, cruel or inhuman treatment, to do so, even with their consent, to the cognitive experiments, to use them for the protecting its presence of a specific terrain or object from armed activities or its own branches or stops as hostages,

shall be punished by imprisonment for not less than 5 years or punished by 25 years of imprisonment.

Article 124. [ Forcing to serve in a foreign army] § 1. Who, in violation of international law, forces the persons mentioned in art. 123 § 1 to serve in the unfriendly armed forces or to participate in armed activities directed against the own country, shall apply corporal punishment, violence, unlawful or deceitful threat brought these persons to gender foreigner, surrender of another sexual act or the execution of such a task, the coup of personal dignity, in particular degrading and humiliating treatment, deprives liberty, deprives the right to an unhinged and impartial court or tribunal, or limit the right of those persons to defend in criminal proceedings, announces rights or claims Citizens of the opposing party for lapsed, suspended or inadmissible in the proceedings before the courts,

shall be punished by imprisonment for a time not less than the age of 3.

§ 2. The same penalty is subject to, who, in violation of international law, delays the repatriation of prisoners of war or civilians, carries out the movement, resettlement or deportation of civilians, the owner, recruits to the armed forces of the person below 18 life or actually uses such persons in the armed activities.

Article 125. [ Destruction of cultural goods] § 1. Who, in the area occupied or occupied or on which armed action is being fought, violates international law, destroys, damages, takes away or usurns property or the good of culture,

shall be punished by imprisonment from the year to the years 10.

§ 2. If the act concerns the property of a significant value or a good of a particular interest for culture, the perpetrator

shall be punished by imprisonment for a time not less than the age of 3.

Article 126. [ Use of unlawfully Red Cross or Red Crescent's law] § 1. Who, during the armed activities, uses the unlawfully unlawfully international sign of the Red Cross or Red Crescent,

shall be punished by imprisonment for the years 3.

§ 2. The same penalty shall be subject to who, during the armed activities, uses an international protection mark for cultural goods or other marks protected by international law which is not in accordance with international law, or uses a national flag or a military badge. an enemy, a neutral state or an organization or an international commission.

Article 126a. [ Public provocation to crimes against peace, humanity and war crimes] He who publicly calls for the commission to commit the act laid down in art. 118, 118a, 119 § 1, art. 120-125 or publicly commends the commission of the act laid down in those provisions,

shall be punished by imprisonment from 3 months to the age of 5.

Article 126b. [ Lack of proper control, committing crimes against peace, humanity and war crimes] § 1. Who, without complying with the obligation of proper control, permits the commission to commit the act referred to in Article 4. 117 § 3, art. 118, 118a, 119 § 1, art. 120-126a by a person remaining under his actual power or control,

shall be punished by those provisions.

§ 2. If the perpetrator acts inadvertently, he shall be punished by imprisonment from 3 months to the age of 5.

Chapter XVII

Crimes against the Republic of Poland

Article 127. [ Deprivation of Independence] § 1. Who, with the aim of depriving of independence, detaching part of the area or changing the constitutional regime of the Republic of Poland, shall, in agreement with other persons, act directly to achieve this objective,

shall be punished by imprisonment for a period of not less than 10 years, punished by 25 years of imprisonment or punishable by life imprisonment.

§ 2. Who makes preparations for the commission of the offence referred to in § 1,

shall be punished by imprisonment for a time not less than the age of 3.

Article 128. [ State coup] § 1. Who, in order to remove the constitutional violence of the body of the Republic of Poland, undertakes an activity aimed directly at the realisation of this purpose,

shall be punished by imprisonment for a time not less than the age of 3.

§ 2. Who makes preparations for the commission of the offence referred to in § 1,

shall be punished by imprisonment from 3 months to the age of 5.

§ 3. Those who are violence or unlawful shall have an impact on the official acts of the constitutional body of the Republic of Poland,

shall be punished by imprisonment from the year to the years 10.

Article 129. [ Diplomatic Betrayal] Who, being authorized to act on behalf of the Republic of Poland in relations with the government of a foreign state or a foreign organization, shall act on the damage of the Republic of Poland,

shall be punished by imprisonment from the year to the years 10.

Article 130. [ Espionage] § 1. Who takes part in the activity of foreign intelligence against the Republic of Poland,

shall be punished by imprisonment from the year to the years 10.

§ 2. Who, taking part in a foreign interview or acting on his behalf, gives the interview to that interview, the transfer of which may inflict damage to the Republic of Poland,

shall be punished by imprisonment for a time not less than the age of 3.

§ 3. Who, in order to give the foreign intelligence of the messages specified in § 2, collects them or stores, enters the IT system for obtaining them or reports the readiness of acting for foreign intelligence against the Republic of Poland,

shall be punished by deprivation of liberty from 6 months to the age of 8.

§ 4. Who arranges or directs the activities of a foreign intelligence service,

shall be punished by imprisonment for not less than 5 years or punished by 25 years of imprisonment.

Article 131. [ Failure to act in the interview] § 1. He shall not be punished for the attempted criminal offence referred to in art. 127 § 1, art. 128 § 1 or in art. 130 § 1 or 2, who voluntarily humiliated further activities and disclosed to the body set up to prosecute crimes all the relevant circumstances of the committed act; the provision of art. 17 § 2 shall apply mutatis mutandis.

§ 2. It shall not be punished for the offence referred to in Art. 128 § 2, art. 129 or in Article. 130 § 3, who voluntarily defied further activities and made significant efforts to prevent the commission from committing the prohibited act and disclosed all relevant circumstances to the body of the designated law enforcement body of an act committed.

Article 132. [ Intelligence services] Who, by giving away the intelligence services of the Republic of Poland, is misleading the Polish state body by providing forged or reworked documents or other objects either by hiding the real or giving false news of significant importance to the Republic of Poland,

shall be punished by imprisonment from the year to the years 10.

Art 132a. (lost power).

Article 133. [ Insult to RP] Who is publicly insulting the Nation or the Republic of Poland,

shall be punished by imprisonment for the years 3.

Article 134. [ Zamach to the President of Poland] Who permits the assassination of the President of the Republic of Poland,

shall be punished by imprisonment for not less than 12 years, punishable by 25 years of imprisonment or punishable by life imprisonment.

Article 135. [ Assault on the President of the Republic of Poland] § 1. Who is allowed to be active assaults on the President of the Republic of Poland,

shall be punished by imprisonment from 3 months to the age of 5.

§ 2. [ 9] Who is publicly insulting the President of the Republic of Poland,

shall be punished by imprisonment for the years 3.

Article 136. [ The assault on the head of a foreign state] § 1. Who in the territory of the Republic of Poland is allowed to be active assaults on the head of a foreign state or an accredited head of a diplomatic representation of such a state or a person using similar protection under the laws, agreements or universally recognized international customs,

shall be punished by imprisonment from 3 months to the age of 5.

§ 2. Who, in the territory of the Republic of Poland, is allowed an active assaults on a person belonging to the diplomatic staff of the representation of a foreign state or a consular officer of a foreign state, in connection with the full duties of the work,

shall be punished by imprisonment for the years 3.

§ 3. The penalty specified in § 2 shall be subject to, who in the territory of the Republic of Poland publicly dissisate the person referred to in § 1.

§ 4. Who in the territory of the Republic of Poland publicly insulted the person specified in § 2,

shall be punished by the fine, punishable by restriction of liberty or imprisonment by the year

Article 137. [ Invalidation of State marks] § 1. Who publicly insults, destroys, damages or removes the emblem, banner, flag, flag, flag or other sign of the state,

shall be punished by the fine, punishable by restriction of liberty or imprisonment by the year

§ 2. The same penalty shall be subject to, who in the territory of the Republic of Poland insults, destroys, damages or removes the emblem, banner, flag, flag, flag or other sign of a foreign state, issued to the public by the representation of that State or on the management of the Polish authority.

Article 138. [ Principle of reciprocity] § 1. The provisions of Article 4 136 and 137 (2) shall apply if the foreign country provides reciprocity.

§ 2. Rules of Art. 127, 128, 130 and 131 shall apply mutatis mutandis where the action prohibited by the State of an alliance has been committed and the State provides reciprocity.

Article 139. [ The forfeiture of objects in crimes against the Republic of Poland] In the case of an offence referred to in Article 127, art. 128 and Art. 130 The court may decide to forfeiture of subjects also if the objects do not constitute the perpetrator's property.

Chapter XVIII

Offences against defence

Article 140. [ Weakening of the defence power of the RP] § 1. Who, in order to weaken the defence power of the Republic of Poland, allows a violent coup to the unit of the Armed Forces of the Republic of Poland, destroys or damages an object or device of a defense significance,

shall be punished by imprisonment from the year to the years 10.

§ 2. If the consequences of the deed are the death of a man or a serious injury to the health of a number of persons, the perpetrator

shall be punished by deprivation of liberty from the years 2 to 12.

§ 3. Who makes the preparation for the offence referred to in § 1,

shall be punished by imprisonment for the years 3.

§ 4. In the case of a criminal offence referred to in paragraphs 1 to 3, the court may also decide to forfeit items where the objects do not constitute the perpetrator's property.

Article 141. [ Service in a foreign military] § 1. Who, as a Polish citizen, accepts without the consent of the competent authority military duties in a foreign military or in a foreign military organization,

shall be punished by imprisonment from 3 months to the age of 5.

§ 2. Who assumes obligations in the prohibited by international law of the military service of the employed,

shall be punished by deprivation of liberty from 6 months to the age of 8.

§ 3. He does not commit a crime as defined in § 1 a Polish citizen who is also a national of another country, if he resides in his territory and there is a military service there.

Article 142. [ Haul to serve in a foreign military] § 1. Who, contrary to the provisions of the Act, conducts a haul of Polish citizens or staying in the Republic of Poland foreigners for military service in a foreign military or in a foreign military organization,

shall be punished by imprisonment from 3 months to the age of 5.

§ 2. Who conducts a haul of Polish citizens or residing in the Republic of Poland foreigners to serve in the prohibited by international law of the military service of the employed or such an employed person pays, organizes, trades or uses,

shall be punished by deprivation of liberty from 6 months to the age of 8.

Article 143. [ Avoidance of duty of military service] § 1. Who, in order to obtain an exemption from the duty of military service or to postpone this service, causes or allows himself or herself to have the effect of his or her effect as referred to in Article 4 (1). 156 § 1 or art. 157 § 1 or, to that end, uses the deceit to mislead the competent authority,

shall be punished by imprisonment for the years 3.

§ 2. The same penalty shall be subject to who, in order to facilitate another person's dismissal from the duty of military service or to postpone the service, with the consent of that service shall result in the effect specified in the Article. 156 § 1 or art. 157 § 1 or, to that end, uses the deceit to mislead the competent authority.

§ 3. Who is permitted to act prohibited under § 1 or 2, if the duty is to be applied to the service of the replacement of the military service,

shall be punished by the fine, punishable by restriction of liberty or imprisonment by the year 2.

Article 144. [ Repeal from military service] § 1. Who, being appointed to perform an active military service, shall not be required to serve this service within a specified period of time and place,

shall be punished by imprisonment for the years 3.

§ 2. In case of minor weight, the offender

shall be punished by the fine, punishable by restriction of liberty or imprisonment by the year

§ 3. Who shall not be notified to the service of replacement of the military service under the conditions laid down in paragraph 1,

shall be subject to a fine or penalty of restriction of liberty.

Article 145. [ Replacement of replacement service] § 1. Who, when serving a superseding military service:

1) refuses to perform this service, malivious or persistently refuses to perform the obligation arising out of this service or command in matters of official service,

2. in order to be partially or completely abrogated from that service or to fulfil an obligation arising from that service:

(a) it causes or permits any other effect of the result set out in Article 3 (1) (a). 156 § 1 or art. 157 § 1,

(b) use the deceit to mislead the superiors,

shall be punished by the fine, punishable by restriction of liberty or imprisonment by the year 2.

§ 2. The same penalty shall be subject to who, in the service referred to in § 1, shall arbitrate himself to the designated place of duty or, in addition to his/her own duties, be subject to arbitration.

§ 3. Where the perpetrator of a prohibited act as referred to in § 2 leaves, in order to be permanently abrogated, the designated place of duty or in addition to such duties shall remain the place where he is to be held,

shall be punished by imprisonment for the years 3.

Article 146. [ Voluntary return to military service] If the perpetrator of the offence referred to in Article 145 § 2 and 3 voluntarily returned, and his absence lasted no longer than 14 days, the court may apply an extraordinary easing of the sentence and even waiver of its infestation.

Article 147. [ Extraordinary leniency in military crimes] In relation to the perpetrator of the offence referred to in Article 143 § 1 or in Art. 144 or 145, which at the time of the act was unfit to serve the military service, the court may apply an extraordinary relaxation of the sentence and even waiver of its infestation.

Chapter XIX

Crimes against life and health

Article 148. [ Homicide] § 1. Who kills a man,

shall be punished by imprisonment for not less than 8 years, punishable by 25 years of imprisonment or punishable by life imprisonment.

§ 2. Who kills a man:

1) with special cruelty,

2) in connection with the taking of a hostage, a rape or a boatloin,

3) as a result of motivations deserving of special condemnation,

4) with the use of explosives,

shall be punished by imprisonment for not less than 12 years, punishable by 25 years of imprisonment or punishable by life imprisonment.

§ 3. The penalty referred to in § 2 shall be subject to one act killing more than one person or having previously been legally convicted of the murder and the perpetrator of the killing of a public officer committed during or in connection with his duties. professional security or security or public order protection.

§ 4. Who kills a man under the influence of strong arouses of justified circumstances,

shall be punished by imprisonment from the year to the years 10.

Article 149. [ Infanticide] A mother who kills a child during a period of childbirth under the influence of his course,

shall be punished by imprisonment from 3 months to the age of 5.

Article 150. [ Euthanasia] § 1. Who kills a man at his request and under the influence of compassion for him,

shall be punished by imprisonment from 3 months to the age of 5.

§ 2. In exceptional cases, the court may apply an extraordinary relaxation of the sentence or even derogate from its infestation.

Article 151. [ Suicide for suicide] Who, by state or by way of assistance, brings a man to a bargain for his own life,

shall be punished by imprisonment from 3 months to the age of 5.

Article 152. [ Abortion] § 1. Who with the consent of the woman interrupts her pregnancy in violation of the provisions of the Act,

shall be punished by imprisonment for the years 3.

§ 2. The same penalty is subject to, who gives a woman a pregnant help in aborting a pregnancy in violation of the provisions of the Act or she is urged to do so.

§ 3. Who is allowed to act as referred to in § 1 or 2, when the child conceived has attained the ability to live independently outside the organism of a pregnant woman,

shall be punished by deprivation of liberty from 6 months to the age of 8.

Article 153. [ Abortion without a woman's consent] § 1. Who, by using violence against a pregnant woman or otherwise without her consent, interrupts her pregnancy or violence, or the threat of unlawful or deceitful death, leads a pregnant woman to terminate her pregnancy,

shall be punished by deprivation of liberty from 6 months to the age of 8.

§ 2. Who is permitted to act as defined in § 1, when the child conceived has attained the ability to live independently outside the organism of a pregnant woman,

shall be punished by imprisonment from the year to the years 10.

Article 154. [ Death of a pregnant woman] § 1. If the consequence of the act referred to in Article 152 § 1 or 2 is the death of a pregnant woman, perpetrator

shall be punished by imprisonment from the year to the years 10.

§ 2. If the consequence of the act referred to in Art. 152 § 3 or in Art. 153 is the death of a pregnant woman, perpetrator

shall be punished by deprivation of liberty from the years 2 to 12.

Article 155. [ involuntary manslaughter] Who inadvertently causes the death of a man,

shall be punished by imprisonment from 3 months to the age of 5.

Article 156. [ Heavy healthier] § 1. Who causes severe damage to health in the form of:

1) deprivation of man's sight, hearing, speech, the ability to burn,

2) other severe disability, severe illnesses of an untreatable or long-term disease, a life-threatening illness, a permanent mental illness, a total or significant permanent inability to work in a profession or a permanent, significant ankylosis, or Body distortion,

shall be punished by imprisonment from the year to the years 10.

§ 2. If the perpetrator acts inadvertently, he shall be punished by imprisonment up to the age of 3.

§ 3. If the result of the act referred to in § 1 is the death of the man, the perpetrator

shall be punished by deprivation of liberty from the years 2 to 12.

Article 157. [ Health Outfit] § 1. Who causes an infringement of a body organ function or a health attire, other than that referred to in Article 156 § 1,

shall be punished by imprisonment from 3 months to the age of 5.

§ 2. Who causes a violation of the body organ function or a health outfit lasting no more than 7 days,

shall be punished by the fine, punishable by restriction of liberty or imprisonment by the year 2.

§ 3. If the perpetrator of the act referred to in § 1 or 2 acts inadvertently,

shall be punished by the fine, punishable by restriction of liberty or imprisonment by the year

§ 4. The prosecution of a criminal offence referred to in § 2 or 3, if the infringement of a body organ function or a health solution does not last more than 7 days, shall take place from a private prosecution, unless the victim is a person closest to the person living together with the perpetrator.

§ 5. If the victim is the person closest to him, the prosecution of the offence referred to in § 3 shall be followed at the request of the person concerned.

Article 157a. [ Damage to the body of the child conceived] § 1. Who causes damage to the body of a child conceived or a health outfit endangering his life,

shall be punished by the fine, punishable by restriction of liberty or imprisonment by the year 2.

§ 2. There is no criminal act of the doctor if the damage to the body or the child's health is conceived as a consequence of the healing effects necessary to address the danger of a pregnant or pregnant woman or a child conceived.

§ 3. It shall not be punished by the mother of the child conceived, which is permitted to act as referred to in § 1.

Article 158. [ Fight and beat] § 1. Who takes part in a brawl or beatings in which a man is exposed to a direct danger of loss of life or to the effect of the effect specified in his Article. 156 § 1 or in art. 157 § 1,

shall be punished by imprisonment for the years 3.

§ 2. If the aftermath of a fight or beating is a severe injury to human health, the perpetrator

shall be punished by deprivation of liberty from 6 months to the age of 8.

§ 3. If the aftermath of a fight or beatings is the death of a man, the perpetrator

shall be punished by imprisonment from the year to the years 10.

Article 159. [ Use of firearms in a brawl] Who, taking part in a fight or beating a man, uses a firearm, a knife or another similarly dangerous object,

shall be punished by deprivation of liberty from 6 months to the age of 8.

Article 160. [ Danger of loss of life] § 1. Who exposes the man to the immediate danger of loss of life or of serious bodily harm,

shall be punished by imprisonment for the years 3.

§ 2. If the perpetrator of the pregnancy is obliged to care for a person who is in danger,

shall be punished by imprisonment from 3 months to the age of 5.

§ 3. If the perpetrator of the act referred to in § 1 or 2 acts inadvertently,

shall be punished by the fine, punishable by restriction of liberty or imprisonment by the year

§ 4. He shall not be punished for the offence referred to in § 1-3 of the perpetrator, who has voluntarily revoked the danger.

§ 5. The prosecution of the offence referred to in § 3 shall be followed at the request of the victim.

Article 161. [ Infection with HIV] § 1. Who, knowing that he is HIV positive, is exposed directly to another person for such an infection,

shall be punished by imprisonment for the years 3.

§ 2. Who, knowing that he is afflicted with venereal or contagious disease, severe or life-threatening or life-threatening illness, is directly exposed to another person to be infected with such a disease,

shall be punished by the fine, punishable by restriction of liberty or imprisonment by the year

§ 3. The prosecution of the offence referred to in § 1 or 2 shall be followed at the request of the victim.

Article 162. [ Failure to grant aid] § 1. A person who is in a position which is threatening the immediate danger of loss of life or of serious bodily injury does not provide assistance, without being exposed to himself or another person in danger of loss of life, or severe bodily injury,

shall be punished by imprisonment for the years 3.

§ 2. It shall not commit an offence which does not grant the aid to which it is necessary to undergo a medical treatment or under conditions in which assistance is possible without delay by the institution or by a person appointed to that effect.

Chapter XX

Offences against universal security

Article 163. [ Life-threatening events] § 1. Who brings an event that threatens the life or health of many people or property in large sizes, in the form of:

1) fire,

2) the collapse of the building, the flood or the slipping of the earth, rock or snow,

3) explosion of explosives or flammable or other violent liberation of energy, dispersion of poisonous substances, suffocating or parting,

4) the rapid liberation of nuclear energy or the liberation of ionizing radiation,

shall be punished by imprisonment from the year to the years 10.

§ 2. If the perpetrator acts inadvertently,

shall be punished by imprisonment from 3 months to the age of 5.

§ 3. If the act referred to in § 1 is followed by the death of a man or a serious injury to a number of persons, the person who is the person who is the person who is

shall be punished by deprivation of liberty from the years 2 to 12.

§ 4. If the result of the act referred to in § 2 is the death of a man or a serious injury to the health of many persons, the perpetrator

shall be punished by deprivation of liberty from 6 months to the age of 8.

Article 164. [ Direct danger of event] § 1. Who brings the immediate danger of the event specified in art. 163 § 1,

shall be punished by deprivation of liberty from 6 months to the age of 8.

§ 2. If the perpetrator acts inadvertently,

shall be punished by imprisonment for the years 3.

Article 165. [ Epidemiological Hazard] § 1. Who brings the danger to life or health of many people or to property in great sizes:

(1) causing an epidemiological risk or spreading of an infectious disease or of an animal or plant disease,

2. by expressing or placing on the market harmful substances, foodstuffs or other articles of general use, or pharmaceutical substances which do not comply with the applicable conditions of quality,

3) causing damage to or immobilisation of the public utility, in particular the supply of water, light, heat, gas, energy or protective device against the occurrence of universal danger; or the repeal thereof,

4) disturbing, preventing or otherwise influencing automatic processing, collection or transmission of IT data,

5) acting in another way in the circumstances of particularly dangerous,

shall be punished by deprivation of liberty from 6 months to the age of 8.

§ 2. If the perpetrator acts inadvertently, he shall be punished by imprisonment up to the age of 3.

§ 3. If the act referred to in § 1 is followed by the death of a man or a serious injury to a number of persons, the person who is the person who is the person who is

shall be punished by deprivation of liberty from the years 2 to 12.

§ 4. If the result of the act referred to in § 2 is the death of a man or a serious injury to the health of many persons, the perpetrator

shall be punished by deprivation of liberty from 6 months to the age of 8.

Art. 165a. [ Financing of terrorist offences] [ 10] Who collects, transfers or offers payment appropriations, financial instruments, securities, foreign exchange values, property rights or other movable or immovable property in the intention to finance a terrorist offence, or the making available to an organised group or association with a view to committing such a crime or to a person taking part in such a group or association,

shall be punished by deprivation of liberty from the years 2 to 12.

Article 166. [ Acquisition of control of the ship] § 1. Who, by using the trick or the rape of a person or the threat of direct use of such rape, takes control of the ship or the aircraft,

shall be punished by deprivation of liberty from the years 2 to 12.

§ 2. Who, acting in the manner specified in § 1, brings a direct danger to the life or health of many persons,

shall be punished by imprisonment for a time not less than the age of 3.

§ 3. If the result of the act referred to in § 2 is the death of a man or a serious injury to the health of many persons, the perpetrator

shall be punished by imprisonment for not less than 5 years or punished by 25 years of imprisonment.

Article 167. [ Substance that threatens the safety of persons] § 1. Who puts on a water or air vessel a device or substance that endangers the safety of persons or property of a significant value,

shall be punished by imprisonment from 3 months to the age of 5.

§ 2. The same penalty shall be subject to, who destroys, damages or renders a navigational device unserviceable, or prevents it from being servile, if it can endanger the safety of persons.

Article 168. [ Preparation for Crime against Security] Who makes the preparation for a crime as defined in art. 163 § 1, art. 165 § 1, art. 166 § 1 or in art.167 § 1,

shall be punished by imprisonment for the years 3.

Article 169. [ Repeal of danger] § 1. He shall not be punished for the offence referred to in art. 164 or 167 of the perpetrator who voluntarily set aside the danger.

§ 2. To the perpetrator of the offence referred to in Article 163 § 1 or 2, art. 165 § 1 or 2 or in art. 166 § 2 the court may apply an extraordinary relaxation of the sentence if the perpetrator voluntarily waives the danger of the surviving life or health of many.

§ 3. To the perpetrator of the offence referred to in Article 166 § 1 the court may apply an extraordinary relaxation of the sentence if the perpetrator handed over or control the vessel to a person entitled.

Article 170. [ Piracy] Whompledor adoptseaseagedto be taken at sea of a robbery or onsuch a ship shall accept the service,

shall be punished by imprisonment from the year to the years 10.

Article 171. [ Trade in explosive substances] § 1. Who, without a required authorization or against his conditions, expresses, processes, collects, possesses, uses or deals with a substance or an explosive device, radioactive material, a device emitting ionising beams or other objects or a substance that can bring danger to the life or health of many people or property in large sizes,

shall be punished by deprivation of liberty from 6 months to the age of 8.

§ 2. The same penalty shall be subject to, who, contrary to the obligation, allows the commission to commit the act referred to in § 1.

§ 3. The same penalty shall be subject to the subject of who the objects referred to in paragraph 1 depart to the unauthorised person.

Article 172. [ Frustrating help] Who interferes with action to prevent the danger to life or health of many people or property in large sizes,

shall be punished by imprisonment from 3 months to the age of 5.

Chapter XXI

Offences against security in communication

Article 173. [ Crash in the land traffic] § 1. Who brings a catastrophe in land, water or air that threatens the life or health of many people or property in large sizes,

shall be punished by imprisonment from the year to the years 10.

§ 2. If the perpetrator acts inadvertently,

shall be punished by imprisonment from 3 months to the age of 5.

§ 3. If the act referred to in § 1 is followed by the death of a man or a serious injury to a number of persons, the person who is the person who is the person who is

shall be punished by deprivation of liberty from the years 2 to 12.

§ 4. If the result of the act referred to in § 2 is the death of a man or a serious injury to the health of many persons, the perpetrator

shall be punished by deprivation of liberty from 6 months to the age of 8.

Article 174. [ Direct danger of catastrophe] § 1. Who brings the immediate danger of a catastrophe in land, water or air traffic,

shall be punished by deprivation of liberty from 6 months to the age of 8.

§ 2. If the perpetrator acts inadvertently, he shall be punished by imprisonment up to the age of 3.

Article 175. [ Preparations for the crash] Who makes the preparation for a crime as defined in art. 173 § 1,

shall be punished by imprisonment for the years 3.

Article 176. [ Disaster of a disaster] § 1. He shall not be punished by the perpetrator of the offence specified in 174, which has voluntarily revoked the danger.

§ 2. To the perpetrator of the offence referred to in Article 173 § 1 or 2 the court may apply an extraordinary relaxation of the sentence if the perpetrator voluntarily waives the danger of the surviving lives or the health of many persons.

Article 177. [ Involuntary cause of accident] § 1. Whoever, in violation of the inadvertently, safety rules in the land, water or air traffic, causes inadvertently an accident in which another person has injured the body referred to in art. 157 § 1,

shall be punished by imprisonment for the years 3.

§ 2. If the accident is the death of another person, or a severe injury to her health, the perpetrator

shall be punished by deprivation of liberty from 6 months to the age of 8.

§ 3. If the victim is only the closest person, the prosecution of the offence referred to in paragraph 1 shall be made at the request of the person concerned.

Article 178. [ Escape from Event Location] § 1. Convicting the perpetrator who committed the offence referred to in art. 173, 174 or 177 finding himself in a state of impunity or under the influence of a intoxicating agent or fled from the scene of the event, the court adjudicates the imprisonment provided for the assigned perpetrator of the offence in the amount from the lower statutory limit the risk increased by half to the upper limit of this risk increased by half.

§ 2. (repealed).

Article 178a. [ Driving the vehicle in a state of non-slaughterhouse] § 1. Who, being in a state of incarnation or under the influence of a intoxicating agent, is driving a motor vehicle in land, water or air traffic,

shall be punished by the fine, punishable by restriction of liberty or imprisonment by the year 2.

§ 2. (repealed).

§ 3. (repealed).

§ 4. If the perpetrator of the act referred to in § 1 was previously convicted of a mechanical vehicle in a state of infidelity or under the influence of a intoxicating agent or a criminal offence referred to in Article 1. 173, 174, 177 or art. 355 § 2 committed in the state of incarnate or intoxicated or has committed the act referred to in § 1 during the period of prohibition of driving a motor vehicle in connection with the conviction for a crime,

shall be punished by imprisonment from 3 months to the age of 5.

Article 179. [ Driving the vehicle in a state of non-slaughterhouse] Who, contrary to a specific obligation, allows a motor vehicle or other vehicle in a state which is directly endanging the safety of the land, water or air, or allows for the driving of a motor vehicle or of another vehicle, a public road, in the zone of residence or in the zone of movement by a person in a state of non-slaughterhouse, under the influence of a intoxicating agent or a person not having the required powers,

shall be punished by the fine, punishable by restriction of liberty or imprisonment by the year 2.

Article 180. [ Fullness of the activities in the state of non-slaughterhouse Who, by being in a state of incarrality or under the influence of the intoxicating agent, is fully associated with the safety of motor vehicles,

shall be punished by imprisonment from 3 months to the age of 5.

Art. 180a. [ Driving the vehicle in spite of the decision to withdraw the power to drive vehicles] Who, on a public road, in the zone of residence or in the zone of traffic, is driving a motor vehicle, without complying with the decision of the competent authority to withdraw the right to drive,

shall be punished by the fine, punishable by restriction of liberty or imprisonment by the year 2.

Chapter XXII

Offences against the environment

Article 181. [ Destruction of flora and fauna] § 1. Who causes destruction in a plant or animal world in large proportions,

shall be punished by imprisonment from 3 months to the age of 5.

§ 2. Who, contrary to the rules in force in the field of protection, destroys or damages the plants or animals causing material damage,

shall be punished by the fine, punishable by restriction of liberty or imprisonment by the year 2.

§ 3. The penalty referred to in paragraph 2 shall also be subject to the one who, irrespective of the place of the act, destroys or damages the plant or animals under the protection of the species, causing material damage.

§ 4. If the perpetrator of the act referred to in § 1 acts inadvertently,

shall be punished by the fine, punishable by restriction of liberty or imprisonment by the year 2.

§ 5. If the perpetrator of the act referred to in § 2 or 3 acts inadvertently,

shall be subject to a fine or penalty of restriction of liberty.

Article 182. [ Pollution from water, air or earth surface] § 1. Who pollutes the water, air or surface of the earth with a substance or ionizing radiation in such a quantity or in such a form that it could endanger human life or health or cause significant reduction in water quality, air or surface of the earth or destruction in a plant or animal world in large size,

shall be punished by imprisonment from 3 months to the age of 5.

§ 2. If the perpetrator of the act referred to in § 1 acts inadvertently,

shall be punished by the fine, punishable by restriction of liberty or imprisonment by the year 2.

§ 3. If the act referred to in § 1 has been committed in connection with the operation of an installation operating within the plant, in respect of the use of the environment for which the permit is required, the perpetrator

shall be punished by deprivation of liberty from 6 months to the age of 8.

§ 4. If the perpetrator of the act referred to in § 3 acts inadvertently,

shall be punished by imprisonment for the years 3.

Article 183. [ Landfill of waste] § 1. Who, contrary to the provisions, saves, removes, processes, recovers, inactivates or transports waste or substances in such conditions or in such a way that it could endanger human life or health or cause significant reduction in the quality of the water, air or surface area or destruction in a plant or animal world in large proportions,

shall be punished by imprisonment from 3 months to the age of 5.

§ 2. The same penalty is subject to, who, contrary to the provisions of the regulations, imports dangerous substances from the foreign country.

§ 3. The penalty referred to in paragraph 1 shall be subject to those who, contrary to the obligation, are permitted to commit the act referred to in paragraphs 1, 2 and 4.

§ 4. The penalty referred to in paragraph 1 shall be subject to who, contrary to the provisions, shall import waste from abroad or to export waste abroad.

§ 5. Who without the required notification or authorisation, or contrary to his conditions, to import from abroad or to export hazardous waste to the frontier,

shall be punished by deprivation of liberty from 6 months to the age of 8.

§ 6. If the perpetrator of the act referred to in § 1-5 acts inadvertently,

shall be punished by the fine, punishable by restriction of liberty or imprisonment by the year 2.

Article 184. [ Storage of nuclear material] § 1. Who develops, processes, transports, imports from abroad, exports abroad, collects, stores, stores, holds, uses, uses, uses, removes, abandones or leaves without proper protection of nuclear material or other source of ionizing radiation, in such conditions or in such a way that it can endanger human life or health or cause significant reduction in the quality of water, air or surface of the earth or destruction in a vegetable or animal world in large sizes,

shall be punished by imprisonment from 3 months to the age of 5.

§ 2. The same penalty shall be subject to, who, contrary to the obligation, allows the commission to commit the act referred to in § 1.

§ 3. If the perpetrator of the act referred to in § 1 or 2 acts inadvertently,

shall be punished by the fine, punishable by restriction of liberty or imprisonment by the year 2.

Article 185. [ Liability for the effects of pollution] § 1. If the consequence of the act referred to in Article 182 § 1 or 3, art. 183 § 1 or 3 or in art. 184 § 1 or 2 is the destruction in a plant or animal world in significant size or significant reduction of water, air or surface quality, the culprit

shall be punished by deprivation of liberty from 6 months to the age of 8.

§ 2. If the consequence of the act referred to in Art. 182 § 1 or 3, art. 183 § 1 or 3 or in art. 184 § 1 or 2 is a severe injury to man's health, the perpetrator

shall be punished by imprisonment from the year to the years 10.

§ 3. If the consequence of the act referred to in Article 182 § 1 or 3, art. 183 § 1 or 3 or in art. 184 § 1 or 2 is the death of a man or a serious injury to many people's health, the perpetrator

shall be punished by deprivation of liberty from the years 2 to 12.

Article 186. [ Non-livelial maintenance] § 1. Who, contrary to the obligation, does not adequately or does not use water, air or surface protection devices against pollution or protection devices against radioactive contamination or radiation ionizing

shall be punished by the fine, punishable by restriction of liberty or imprisonment by the year 2.

§ 2. The same penalty shall be subject to, who shall give or, against the obligation, to use a construction object or a set of facilities which are not required by the law of the equipment referred to in paragraph 1.

§ 3. If the perpetrator of the act referred to in § 1 or 2 acts inadvertently,

shall be subject to a fine or penalty of restriction of liberty.

Article 187. [ Legally protected object claim] § 1. Who destroys, severely damages or significantly reduces the natural value of a legally protected area or object, causing material damage,

shall be punished by the fine, punishable by restriction of liberty or imprisonment by the year 2.

§ 2. If the perpetrator acts inadvertently,

shall be subject to a fine or penalty of restriction of liberty.

Article 188. [ Environmentally-threatening activities] Who, in a natural or landscape protected area, or in a hole of such terrain, contrary to the provisions, raises new or enlarging an existing construction site or carries out an economic activity that threatens the environment,

shall be punished by the fine, punishable by restriction of liberty or imprisonment by the year 2.

Chapter XXIII

Offences against freedom

Article 189. [ Deprivation of a man of liberty] § 1. Who deprives man of liberty,

shall be punished by imprisonment from 3 months to the age of 5.

§ 2. If the deprivation of liberty lasted more than 7 days, the perpetrator

shall be punished by imprisonment from the year to the years 10.

§ 3. If the deprivation of liberty referred to in § 1 or 2 has joined the special torment, the perpetrator

shall be punished by imprisonment for a time not less than the age of 3.

Art. 189a. [ Human trafficking] § 1. Who is allowed to trade in human beings,

shall be punished by imprisonment for a time not less than the age of 3.

§ 2. Who makes preparations for the commission of the offence referred to in § 1,

shall be punished by imprisonment from 3 months to the age of 5.

Article 190. [ Threat of committing a crime] § 1. Who is in danger of another person committing a crime of harm or injury to the nearest person, if the threat engenders in the threatened legitimate concern that he or she will be fulfilled,

shall be punished by the fine, punishable by restriction of liberty or imprisonment by the year 2.

§ 2. The following shall be applied at the request of the victim.

Art. 190a. [ Persistent harassment of a person or a person of her immediate-stalking] § 1. Who, by the persistent harassment of another person or person, gives rise to a sense of threat to the person or person at the time of the harassment of another person, or seriously undermines her privacy

shall be punished by imprisonment for the years 3.

§ 2. The same penalty is subject to, who, impersonating another person, uses her image or other personal data to cause her damage to property or personal injury.

§ 3. If the effect of the act as referred to in § 1 or 2 is to bargain for the victim's own life, the perpetrator

shall be punished by imprisonment from the year to the years 10.

§ 4. The prosecution of the offence referred to in § 1 or 2 shall be followed at the request of the victim.

Article 191. [ Forcing a specific action] § 1. [ 11] Who applies violence against a person or a threat of unlawful use in order to force another person to act, omission or endure,

shall be punished by imprisonment for the years 3.

§ 1a. The same penalty shall be subject to those who, for the purposes set out in § 1, apply violence of another type of persistently or in a manner which significantly impedes another person to use the occupant of the dwelling.

§ 2. If the perpetrator acts in the manner specified in § 1 in order to force the recovery of the claim,

shall be punished by imprisonment from 3 months to the age of 5.

§ 3. The prosecution of the offence referred to in § 1a shall be subject to the request of the victim.

Art. 191a. [ Perpetuation of the image of a naked person or person in the course of sexual activity with the use of violence, threats of unlawful or deceitful] § 1. Who perpetuates the image of a naked person or a person in the course of sexual activity, using, for that purpose, violence, threats of unlawful or deceitful, or the image of a naked person or a person during sexual activity without the consent of the person,

shall be punished by imprisonment from 3 months to the age of 5.

§ 2. The following shall be applied at the request of the victim.

Article 192. [ Surgery without the consent of the patient] § 1. Who performs a medical procedure without the consent of the patient,

shall be punished by the fine, punishable by restriction of liberty or imprisonment by the year 2.

§ 2. The following shall be applied at the request of the victim.

Article 193. [ Violation of domestic mire] Anyone who gets into someone else's house, apartment, place, room or fenced terrain, or against the request of a qualified person, does not leave the place,

shall be punished by the fine, punishable by restriction of liberty or imprisonment by the year

Chapter XXIV

Crimes against freedom of conscience and religion

Article 194. [ Limitation of Man in Rights] Who limits a person's rights to his or her rights on account of his or her religious affiliation or the unbelievality of his or her own right,

shall be punished by the fine, punishable by restriction of liberty or imprisonment by the year 2.

Article 195. [ Disruption of the religious act] § 1. He who maliciously hinders the public execution of a religious act of a church or of another religious profession with a regulated legal situation,

shall be punished by the fine, punishable by restriction of liberty or imprisonment by the year 2.

§ 2. The same penalty is subject to, who maliciously obstructs the funeral, ceremonies or swolves of the mourning.

Article 196. [ Insulting religious feelings] [ 12] Who insults the religious feelings of other persons, insulting the public object of religious worship or a place intended for the public execution of religious ceremonies,

shall be punished by the fine, punishable by restriction of liberty or imprisonment by the year 2.

Chapter XXV

Crimes against sexual freedom and mores

Article 197. [ Raping] § 1. Who, by violence, by unlawful or deceitful death, leads another person to be sexually alienated,

shall be punished by deprivation of liberty from the years 2 to 12.

§ 2. If the perpetrator, in the manner prescribed in § 1, leads another person to undergo another sexual activity or to perform such a task, he shall be punished by imprisonment from 6 months to the age of 8.

§ 3. If the perpetrator is permitted to be raped:

1) together with another person,

2) against a minor under the age of 15,

3) in view of the preliminary, salient, adopted, adoptive, brother or sister,

shall be punished by imprisonment for a time not less than the age of 3.

§ 4. If the perpetrator of the act referred to in § 1-3 acts with particular cruelty, he shall be punished by imprisonment for a period of not less than 5 years.

Article 198. [ Exploitation of the handicapped] Who, using the helplessness of another person or resulting from a mental impairment or mental illness, lack the ability of that person to recognize the meaning of the act or conduct his or her conduct, shall lead it to the sexual intercourse or to surrender a different sexual activity or to perform such an action,

shall be punished by deprivation of liberty from 6 months to the age of 8.

Article 199. [ Dependency Utilization] § 1. Who, by misuse of relationship or use of a critical location, leads another person to sexual intercourse or to surrender to another sexual activity or to carry out such a task,

shall be punished by imprisonment for the years 3.

§ 2. If the act referred to in § 1 has been committed to the detriment of a minor, the perpetrator shall be punished by imprisonment from 3 months to 5 years.

§ 3. The penalty referred to in paragraph 2 shall be subject to the person who acts in a sexual way with a minor or is admitted to such other sexual activity, or that he or she leads him to undergo such acts or to exercise them, by abusing the trust or by granting them in return. the benefits of property or personal or promise.

Article 200. [ The lewd act] § 1. Who is sexually alienated with a minor below the age of 15 years or is allowed to do so by another sexual activity, or who leads it to be subject to such acts or to exercise them,

shall be punished by deprivation of liberty from the years 2 to 12.

§ 2. (repealed).

§ 3. Who, under 15 years of age, presents pornographic content or makes it available to him to have such a character, or to disseminate pornographic content in such a way as to enable such a minor to become acquained with them,

shall be punished by imprisonment for the years 3.

§ 4. The penalty specified in § 3 is subject to who, in order to have sexual satisfaction or sexual satisfaction of another person, presents to a minor under the age of 15 the execution of sexual activity.

§ 5. The penalty referred to in paragraph 3 shall be subject to the subject of the advertisement or promotion of the activities of the dissemination of pornographic content in such a way as to enable them to become acquainted with the minor under 15 years.

Article 200a. [ Production or perpetuation of pornographic content via a telecommunication system or telecommunication network] § 1. Who in order to commit an offence referred to in art. 197 § 3 pt. 2 or art. 200, as well as producing or perpetuating pornographic content, by means of a telecommunication system or telecommunications network, makes contact with a minor under the age of 15, aiming, by means of misleading, of an error of error or an inability to properly understand the situation or by means of a threat of unlawful, to meet with it,

shall be punished by imprisonment for the years 3.

§ 2. Who, through the telecommunications system or telecommunications network, of a minor below the age of 15, makes a proposal for sexual intercourse, surrender or other sexual activity or participation in the production or preservation of the content of the pornographic, and seeks to implement it,

shall be punished by the fine, punishable by restriction of liberty or imprisonment by the year 2.

Article 200b. [ Public propagating or praises of pedophile behaviour] Who publicly propagates or commends pedophile-type behaviours,

shall be punished by the fine, punishable by restriction of liberty or imprisonment by the year 2.

Article 201. [ Kazirodztwo] Who is allowed to be sexually alienated in relation to the initial, insidious, adopted, adoptive, brother or sister,

shall be punished by imprisonment from 3 months to the age of 5.

Article 202. [ Pornography] § 1. Who publicly presents pornographic content in such a way that it can impose them on the reception of a person who does not wish it to himself,

shall be punished by the fine, punishable by restriction of liberty or imprisonment by the year 2.

§ 2. (repealed).

§ 3. Who produces, perpetuates or brings, stores or holds or disseminates or presents pornographic content involving a minor or pornographic content associated with the presentation of violence or the use of pornography the animal,

shall be punished by deprivation of liberty from the years 2 to 12.

§ 4. Who perpetuate pornographic content with the participation of a minor,

shall be punished by imprisonment from the year to the years 10.

§ 4a. Who holds, holds or obtains access to pornographic content with the participation of a minor,

shall be punished by imprisonment from 3 months to the age of 5.

§ 4b. Who produces, disseminates, presents, stores or possesses pornographic content depicting or processed an image of a minor participating in sexual activity

shall be punished by the fine, punishable by restriction of liberty or imprisonment by the year 2.

§ 4c. The penalty referred to in § 4b shall be subject to who, in order to satisfy the sex, participates in the presentation of pornographic content with the participation of a minor.

§ 5. The Tribunal may order forfeiture of tools or other objects which have served or have been intended to commit the offences referred to in § 1 to 4b, even if they have not been the property of the perpetrator.

Article 203. [ Prostitution] Who, by violence, by a threat of unlawful, deceitful or by using a relationship or a critical attitude, leads another person to practise prostitution,

shall be punished by imprisonment from the year to the years 10.

Article 204. [ Stręczycielstwo] § 1. Who, in order to gain property benefit, is urging another person to practice prostitution or facilitate it,

shall be punished by imprisonment from 3 months to the age of 5.

§ 2. The penalty referred to in paragraph 1 shall be subject to the person who benefits the property from the cultivation of prostitution by another person.

§ 3. If the person referred to in § 1 or 2 is a minor, the perpetrator

shall be punished by imprisonment from the year to the years 10.

§ 4. (repealed).

Article 205. (repealed).

Chapter XXVI

Crimes against family and care

Article 206. [ Bigamia] Who includes marriage, despite the fact that she remains married,

shall be punished by the fine, punishable by restriction of liberty or imprisonment by the year 2.

Article 207. [ Harassing on Family] § 1. Who is physically or psychologically abused by the closest person or other person who is in constant or transitory relationship to the person who is responsible for the perpetrator or the minor or the person who is not counseling because of his or her mental or physical condition,

shall be punished by imprisonment from 3 months to the age of 5.

§ 2. If the act referred to in § 1 is combined with the application of special cruelty, the perpetrator

shall be punished by imprisonment from the year to the years 10.

§ 3. If the effect of the act as referred to in § 1 or 2 is to bargain for the victim's own life, the perpetrator

shall be punished by deprivation of liberty from the years 2 to 12.

Article 208. [ Unpeering minor] Who splits the minor by providing him with an alcoholic beverage, making it easier for his consumption or urging him to eat such a drink,

shall be punished by the fine, punishable by restriction of liberty or imprisonment by the year 2.

Article 209. [ Repeal from alimentation] § 1. Who is persistently abrogated from the exercise of the law or of the judicial decision of the obligation to care by failing to apply the person to the immediate or other person and thereby exposes it to the impossibility of satisfying the basic needs of the person concerned. of life, is subject to a fine, punishable by restriction of liberty or imprisonment by the age of 2.

§ 2. The following shall be applied at the request of the victim, the social assistance body or the authority undertaking the maintenance of the maintenance debtor.

§ 3. If the victim has been granted adequate family benefits or cash benefits paid in the event of inefficiency of the execution of the alimony, the prosecution shall take place on the basis of the office.

Article 210. [ Abandonment of minors] § 1. Who, contrary to the obligation to care for a minor under the age of 15 or a person who is not counseling because of his or her mental or physical condition, is abandoning this person,

shall be punished by imprisonment for the years 3.

§ 2. If the consequence of the deed is the death of the person referred to in § 1, the perpetrator

shall be punished by deprivation of liberty from 6 months to the age of 8.

Article 211. [ Abduction of a minor] Who, against the will of a person appointed to take care or supervision, abducts or stops a minor below the age of 15 or an uncounsellor by reason of her mental or physical condition,

shall be punished by imprisonment for the years 3.

Article 211a. [ Organizing the adoption of children against the provisions of the Act] Who, in order to achieve property benefit, deals with organizing the adoption of children contrary to the provisions of the Act,

shall be punished by imprisonment from 3 months to the age of 5.

Chapter XXVII

Crimes against worshipful and bodily immunity

Article 212. [ Defamation] § 1. Who shall discuss another person, group of persons, institution, legal person or organizational unit without legal personality of such proceedings or characteristics which may degrade it in the public or in the risk of loss of trust needed for the given the position, profession or type of activity,

shall be subject to a fine or penalty of restriction of liberty.

§ 2. If the perpetrator is permitted to act as referred to in § 1 by means of mass communication,

shall be punished by the fine, punishable by restriction of liberty or imprisonment by the year

§ 3. In the event of a conviction for the offence referred to in § 1 or 2, the court may decide to make an allusion to the disadvantaged, the Polish Red Cross, or to another social objective indicated by the victim.

§ 4. The prosecution of the offence referred to in § 1 or 2 shall take place from a private prosecution.

Article 213. [ Real allegation] § 1. There is no crime as defined in art. 212 § 1 if the allegation made unpublicly is true.

§ 2. No offence referred to in art is committed. 212 § 1 or 2, who publicly raises or broadcasts a real charge:

1. relating to the conduct of a person acting in public or

2) to defend a socially legitimate interest.

If the allegation concerns a private or family life, proof of the truth can only be carried out if the allegation is intended to prevent danger to the life of the arc of human health or to the demoralization of a minor.

Article 214. [ Liability for insult] No offence resulting from the reasons set out in the Article. 213 does not exclude the responsibility of the perpetrator as an insult due to the form of an increase or dismissation of the plea.

Article 215. [ Public verdict] At the request of the victim, the court shall rule on the judgment of the convicted public.

Article 216. [ Insult] § 1. Who insults another person in her presence, or even in her absence, but in public or in intention, that the insult to the person may reach it,

shall be subject to a fine or penalty of restriction of liberty.

§ 2. Who is insulting another person by means of mass communication,

shall be punished by the fine, punishable by restriction of liberty or imprisonment by the year

§ 3. If the insult has evoked the behavior of the victim, or if the victim has responded to the violation of natural immunity or mutual insult, the court may waive the penalty.

§ 4. In the event of a conviction for the offence referred to in § 2, the court may decide to refer to the victim, the Polish Red Cross, or to another social objective indicated by the victim.

§ 5. The prosecution takes place from a private prosecution.

Article 217. [ Violation of immunity] § 1. Who strikes a man or otherwise violates his bodily integrity,

shall be punished by the fine, punishable by restriction of liberty or imprisonment by the year

§ 2. If the breach of immunity has caused a breach of the victim's behaviour, or if the victim has responded to the breach of immunity, the court may waive the penalty.

§ 3. The prosecution takes place from a private prosecution.

Article 217a. [ Violation of the physical integrity of the man undertaking the intervention of security protection] Who strikes a man or otherwise violates his bodily immunity in relation to his intervention to protect human security or to protect security or public order,

shall be punished by the fine, punishable by restriction of liberty or imprisonment by the year 2.

Chapter XXVIII

Offences against the rights of persons engaged in gainful employment

Article 218. [ Infringement of workers ' rights] § 1. (lost power).

§ 1a. Who, in the exercise of acts in the field of labour law and social security, maliviates or persistently violates workers ' rights arising from employment or social security,

shall be punished by the fine, punishable by restriction of liberty or imprisonment by the year 2.

§ 2. The person referred to in § 1a, refusing to accept the work of which the reinstatement has been held by the competent authority,

shall be punished by the fine, punishable by restriction of liberty or imprisonment by the year

§ 3. The person referred to in § 1a, who, as required by the court's decision to pay the remuneration for work or another benefit from the employment relationship, shall not be obliged to do so,

shall be punished by the fine, punishable by restriction of liberty or imprisonment by the year 3.

Article 219. [ Violation of social insurance law] Who infringes the provisions of the law on social insurance without declaring, even with the consent of the person concerned, the required data, or by filing untrue data affecting the right to benefits or their amount,

shall be punished by the fine, punishable by restriction of liberty or imprisonment by the year 2.

Article 220. [ Failure to comply with bhp obligations] § 1. Who, being responsible for health and safety at work, does not fulfil the obligation to do so, and thereby put the worker at the risk of a direct loss of life or of serious bodily harm,

shall be punished by imprisonment for the years 3.

§ 2. If the perpetrator acts inadvertently,

shall be punished by the fine, punishable by restriction of liberty or imprisonment by the year

§ 3. It shall not be punished by the perpetrator, who has voluntarily revoked the danger.

Article 221. [ Not a notice of accident] Who, contrary to the obligation, does not notify the competent authority of the accident at work or occupational disease or does not draw up or present the required documentation,

shall be subject to a fine of up to 180 daily rates or a restriction of liberty.

Chapter XXIX

Crimes against the activities of state institutions and local government

Article 222. [ Violation of Officer's immunity] § 1. Who violates the physical integrity of a public officer or of a person assists with him or her during or in connection with the duties of official duties,

shall be punished by the fine, punishable by restriction of liberty or imprisonment by the year 3.

§ 2. If the act referred to in § 1 has triggered improper conduct by an officer or an individual to assist him, the court may apply an extraordinary relaxation of the sentence or even derogate from the penalty.

Article 223. [ Assault on the officer] § 1. Who, acting jointly and in agreement with another person or using a firearm, knife or other similarly dangerous object or a deceptive agent, is allowed to assault an active public officer or a person to assist him/her During or in connection with the duties of official duties,

shall be punished by imprisonment from the year to the years 10.

§ 2. If, as a result of active assaults, there has been a result of severe damage to the health of a public officer or an individual to assist him, the perpetrator

shall be punished by deprivation of liberty from the years 2 to 12.

Article 224. [ Active resistance] § 1. Any person who is an offence or unlawful shall have an influence on the official acts of the governmental authority, other state body or local authority,

shall be punished by imprisonment for the years 3.

§ 2. The same penalty shall be subject to the application of violence or a threat of unlawful use in order to force a public officer or a person to assist him in an undertaking or omission of a legal act.

§ 3. Where the result of the act referred to in paragraph 2 is the effect specified in the Article. 156 § 1 or in art. 157 § 1, perpetrator

shall be punished by imprisonment from 3 months to the age of 5.

Article 224a. [ False Alarm] Who, in the knowledge that the threat does not exist, gives notice of an event which threatens the life or health of many people or of property in large size or creates a situation to believe that such a threat exists, and that it causes an action to be a public utility or a security, public order or health authority to set aside a risk,

shall be punished by deprivation of liberty from 6 months to the age of 8.

Article 225. [ Frustrating control] § 1. Any person who is entitled to carry out checks on the environment or to the person who is brought to the public to assist in thwarting or impediments the performance of his business activities,

shall be punished by imprisonment for the years 3.

§ 2. The same penalty shall be subject to the person who is entitled to control in the field of inspection of the work or of the person who is brought to the aid to help in thwarting or impede the performance of his business activity.

§ 3. (repealed).

§ 4. The same penalty shall be subject to the person who is authorised to carry out supervision and control activities in the bodies of social assistance or in facilities providing 24-hour care for disabled persons, chronically ill or if you are elderly, you may be foiled or obstructed by the work of your business.

Article 226. [ Insult officer] § 1. [ 13] Who insults a public officer or a person to assist him, during and in connection with the duties of his official duties,

shall be punished by the fine, punishable by restriction of liberty or imprisonment by the year

§ 2. Article Recipe 222 § 2 shall apply mutatis mutandis.

§ 3. Who publicly insults or degrades the constitutional body of the Republic of Poland,

shall be punished by the fine, punishable by restriction of liberty or imprisonment by the year 2.

Article 227. [ Restoration of function] Who, either by reference to a public officer or by having an erroneous misstatement of that person, performs an action relating to his/her function,

shall be punished by the fine, punishable by restriction of liberty or imprisonment by the year

Article 228. [ Seller] § 1. Who, in connection with the full public function, takes advantage of a property or personal or a promise of a person,

shall be punished by deprivation of liberty from 6 months to the age of 8.

§ 2. In case of minor weight, the offender

shall be punished by the fine, punishable by restriction of liberty or imprisonment by the year 2.

§ 3. Who, in connection with the exercise of the public function, takes advantage of the property or personal or her promise for conduct constituting a violation of the provisions of the law,

shall be punished by imprisonment from the year to the years 10.

§ 4. The penalty referred to in paragraph 3 shall also be subject to those who, in the course of the exercise of the public function, make the performance of a business activity dependent on the receipt of a property or personal gain or promise or such an advantage.

§ 5. Who, in connection with the full public function, takes advantage of the property of a significant value or of its promise,

shall be punished by deprivation of liberty from the years 2 to 12.

§ 6. The persons referred to in paragraphs 1 to 5 shall also be subject, respectively, to those who, in the course of their public function in a foreign country or in an international organisation, accept a financial or personal advantage, or a promise or such an advantage, or Make the performance of the work activity dependent on receipt of the work.

Article 229. [ Bribery] § 1. Who grants or promises to grant an asset or personal benefit to a public function in connection with the full function of the function,

shall be punished by deprivation of liberty from 6 months to the age of 8.

§ 2. In case of minor weight, the offender

shall be punished by the fine, punishable by restriction of liberty or imprisonment by the year 2.

§ 3. If the perpetrator of the act referred to in § 1 acts to induce a person in public to violate the provisions of the law or to grant or promise to grant such person a property or personal advantage for violating the provisions of law,

shall be punished by imprisonment from the year to the years 10.

§ 4. A person who acts as a public service person, in connection with the full function of the function, shall grant or promise to grant an advantage to a significant value,

shall be punished by deprivation of liberty from the years 2 to 12.

§ 5. The persons referred to in paragraphs 1 to 4 shall also be subject, respectively, to those who grant or promise to grant an economic or personal advantage to a person acting in a public function in a foreign country or in an international organisation, in connection with the performance of that function.

§ 6. It shall not be punishable by the perpetrator of the offence referred to in § 1 to 5 if the property or personal advantage or their promise has been accepted by a person acting in public, and the perpetrator has notified the body of the offence to the prosecution of the offence and revealed all the relevant circumstances of the crime before the authority knew about it.

Article 230. [ Payable Protections] § 1. Who, referring to influence in a state institution, self-government, international organisation or national or foreign business unit with public funds, or by invoking the conviction of another person or by establishing it in a foreign state a conviction on the existence of such influence shall be undertaken by brokering the matter in exchange for an economic or personal advantage or a promise,

shall be punished by deprivation of liberty from 6 months to the age of 8.

§ 2. In case of minor weight, the offender

shall be punished by the fine, punishable by restriction of liberty or imprisonment by the year 2.

Article 230a. [ Intermediation in the business of a case] § 1. Who grants or promises to grant an asset or personal advantage in exchange for the mediation of a case in a state institution, local government, international organization or a national or foreign organisational unit with a public funds, in order to influence the decision, act or omission of a person acting in public, in connection with the performance of that function,

shall be punished by deprivation of liberty from 6 months to the age of 8.

§ 2. In case of minor weight, the offender

shall be punished by the fine, punishable by restriction of liberty or imprisonment by the year 2.

§ 3. It shall not be punishable by the perpetrator of the offence referred to in paragraph 1 or in paragraph 2 where the property or personal advantage or their promise has been accepted and the perpetrator has notified the body of the criminal offence and disclosed all the relevant facts. the circumstances of the crime before the authority found out about it.

Article 231. [ Privilege granted] § 1. [ 14] A public officer who, in excess of his or her powers, or who fails to fulfil his duties, shall act against the public or private interest,

shall be punished by imprisonment for the years 3.

§ 2. If the perpetrator is permitted to act as referred to in § 1 for the purpose of attaining a property or personal advantage,

shall be punished by imprisonment from the year to the years 10.

§ 3. If the perpetrator of the act referred to in § 1 acts inadvertently and causes material injury,

shall be punished by the fine, punishable by restriction of liberty or imprisonment by the year 2.

§ 4. The provisions of paragraph 2 shall not apply where the act is exhaustient of the act of the prohibition laid down in Article 2. 228.

Article 231a. [ Scope of legal protection provided for public officers] The legal protection provided for by public officers during or in connection with the duties of a public service officer shall also be exercised if the unlawful order for his/her person has been taken on account of his/her He/she is a professional or professional.

Article 231b. [ Protecting a person with a pierce of the coup] § 1. A person who, in defence of the person who is required to deny the assassination of any of the miracles of the good protected by the law, shielding security or public order, shall enjoy the legal protection provided for by public officers.

§ 2. The provision of § 1 shall not apply if the act of the perpetrator of the coup directed against the person refusing the coup is only in honor of or dignity of that person.

Chapter XXX

Crimes against the judiciary

Article 232. [ Violence against the court] § 1. Any person who is an offence or unlawful shall have an impact on the official acts of the court,

shall be punished by imprisonment from 3 months to the age of 5.

§ 2. The same penalty shall be subject to the perpetrator of the offence referred to in § 1, committed against the international criminal tribunal or its body acting on the basis of an international agreement, of which the Republic of Poland is a party, or appointed by an international organization under a constitutional arrangement ratified by the Republic of Poland.

Article 233. [ False testimonies] § 1. Who, by giving evidence to serve as evidence in court proceedings or other proceedings conducted on the basis of a bill, testifies to the truth or withheld the truth,

shall be punished by imprisonment for the years 3.

§ 2. The condition of responsibility shall be that the receiving statement, acting within the scope of its powers, shall prejudice the testimony of a criminal liability for false testimony or have received a pledge from him.

§ 3. He shall not be punished, who, not knowing about the right to refuse to testify or answer questions, shall make false statements out of fear of the criminal liability threatening him or his nearest.

§ 4. Who, as a expert, assessor or translator, presents a false opinion or translation to serve as evidence in the proceedings referred to in § 1,

shall be punished by imprisonment for the years 3.

§ 5. The Tribunal may apply an extraordinary relaxation of the sentence and even waiver it if:

1) false testimony, opinion or translation concerns the circumstances which could not affect the settlement of the case,

2) the perpetrator voluntarily corrects false testimony, opinion or translation before it occurs, even if it is not valid, to settle the case.

§ 6. The provisions of § 1-3 and 5 shall apply mutatis mutandis to the person who makes a false statement, if the provision of the Act provides for the possibility of receiving a statement under the rigorous criminal liability.

Article 234. [ False accusation] Who, before a body set up to prosecute or adjudicate in cases of a crime, including a treasury offence, misconduct, treasury offense or a disciplinary rewinding, falsely accuses another person of committing these acts prohibited or A disciplinary action shall be punishable by a fine, a restriction of liberty or a custodial sentence of up to 2 years.

Article 235. [ Falsification Of Evidence] Who, by creating false evidence or other insidious treatments, directs against a specified person the prosecution of a crime, including a tax offense, a misdemeanor, a misdemeanor or a disciplinary rewinding, or in the course of proceedings such treatment shall be undertaken,

shall be punished by imprisonment for the years 3.

Article 236. [ Conceal evidence] § 1. Who withering evidence of the innocence of a person suspected of committing a criminal offence, including tax crime, misconduct, treasury misconduct, or disciplinary rewinding,

shall be punished by the fine, punishable by restriction of liberty or imprisonment by the year 2.

§ 2. It is not punishable by the person who withheld the evidence of innocence from the fear of criminal liability threatening him or his nearest.

Article 237. [ Application of provisions] Article Recipe Paragraph 5, point 2, shall apply mutatis mutandis to the offences referred to in Article 5. 234, art. 235 and art. 236 § 1.

Article 238. [ Notice of uncommitted crime] Who gives notice of the crime, or the tax crime, the authority called to prosecute, knowing that the crimes have not been committed,

shall be punished by the fine, punishable by restriction of liberty or imprisonment by the year 2.

Article 239. [ Populations] § 1. Who hinders or thwarts criminal proceedings, helping perpetrators of crime, including and treasury crime to avoid criminal liability, in particular who the perpetrator is hiding, blurring the traces of crime, including and treasury crime or is taking place for the convicted penalty,

shall be punished by imprisonment from 3 months to the age of 5.

§ 2. It is not punishable by the perpetrator who hides the person closest to it.

§ 3. The Tribunal may apply an extraordinary relaxation of the sentence or even waive it if the perpetrator has provided assistance to the nearest person or has acted out of fear of criminal liability threatening him or her nearest to him.

Article 240. [ Failure to notify a criminal offence] § 1. Who, having a reliable message about the criminal preparation or the attempted or criminal offence referred to in Article 4, is punishable by the 118, 118a, 120-124, 127, 128, 130, 134, 140, 148, 163, 166, 189, 252 or offences of a terrorist nature shall not immediately inform the body responsible for the prosecution of the offences,

shall be punished by imprisonment for the years 3.

§ 2. The offence referred to in paragraph 1 shall not be committed by a person who has failed to give notice, having sufficient grounds for believing that the body referred to in paragraph 1 of this Article shall be aware of the draft, whether or not he has been prepared, whether or not he or she is forbidden; he shall not commit a criminal offence; the one who has prevented the commission from committing the prohibited or attempted prohibited act as referred to in § 1.

§ 3. He shall not be punished, who has failed to give notice of fear of criminal liability threatening him or his closest to him.

Article 241. [ Dissemination of messages] § 1. Who without permission shall publicly circulate the messages of the preparatory proceedings before they are disclosed in the court proceedings,

shall be punished by the fine, punishable by restriction of liberty or imprisonment by the year 2.

§ 2. The same penalty shall be subject to the person who publishes the message publicly from the court hearing, except for public disclosure.

Article 242. [ Avoidance of punishment] § 1. Who liberates himself, being deprived of liberty on the basis of a court ruling or a legal order issued by another state body,

shall be punished by the fine, punishable by restriction of liberty or imprisonment by the year 2.

§ 2. Who, using the permit to temporarily leave the penal or an investigative detention without a caretaker or a psychiatric facility with the conditions of a basic security, shall not return without justification at the latest within 3 days after the expiry of the deadline,

shall be punished by the fine, punishable by restriction of liberty or imprisonment by the year

§ 3. The penalty specified in § 2 is subject to, who, using the break in serving the custodial sentence, will not return to the penal facility at the latest within 3 days after the expiry of the prescribed period.

§ 4. If the perpetrator of the act referred to in § 1 acts in agreement with other persons, uses violence or threatens to use violence or damage the place of closure,

shall be punished by imprisonment for the years 3.

Article 243. [ The release of the convicted] A person deprived of liberty on the basis of a court decision or a legal order issued by another state body releases or facilitates the escape of the person,

shall be punished by imprisonment for the years 3.

Article 244. [ Failure to comply with court rulings] Who does not comply with the court's prohibition of taking up a position, occupation, operating, driving, entering into gambling, gambling, admission to a mass event, staying at certain points of view, environments or locations, an order to leave the premises temporarily occupied with the victim, the prohibition of contact with specified persons, the prohibition of approaching certain persons or the prohibition of leaving the specified place of residence without consent of the court or does not exercise the order of the court to declare the judgment in a manner in which Provided

shall be punished by imprisonment for the years 3.

Article 244a. [ Breach of obligations imposed in connection with a ban on a mass event] § 1. Who does not comply with the case-law in connection with the prohibition of admission to a mass event of the obligation to stay at the place of permanent residence or the obligation to present in the Police Department or in the place specified by the applicable law, due to the place of residence the residence of the convicted or punished person, the district commander, the district or the municipal police, during the course of the mass event,

shall be punished by the fine, punishable by restriction of liberty or imprisonment by the year 2.

§ 2. The same penalty shall be subject to, who shall impair or impede the control, in the system of electronic supervision, of the obligation laid down in paragraph 1 of that decision.

Article 244b. [ Failure to comply with the obligations relating to the case-law of the security measures] § 1. Who does not comply with the obligations laid down in the law relating to the security measure referred to in the law,

shall be punished by the fine, punishable by restriction of liberty or imprisonment by the year 2.

§ 2. The same penalty is subject to, who unlawfully frustrates the execution of the case against another person of the security measure in the form of electronic control of the place of stay.

Article 245. [ Violation of the immunity of participants of the hearing] Who uses violence or a threat of unlawful act to influence the witness, expert, translator, prosecutor or defendant, or in connection with this, violates his bodily immunity,

shall be punished by imprisonment from 3 months to the age of 5.

Article 246. [ Enforcement of testimony] A public officer or one who, acting on his or her command to obtain specific statements, explanations, information or statements, applies violence, unlawful or otherwise abused physically or psychologically to another person,

shall be punished by imprisonment from the year to the years 10.

Article 247. [ The harassment of a person deprived of liberty] § 1. Who abused physically or psychologically over a person legally deprived of liberty,

shall be punished by imprisonment from 3 months to the age of 5.

§ 2. If the perpetrator acts with special cruelty,

shall be punished by imprisonment from the year to the years 10.

§ 3. A public officer who, contrary to the obligation, allows the commission to commit the act referred to in § 1 or 2,

shall be punished by those provisions.

Art. 247a. [ Referral to the provisions of the Act] The provisions of Article 4 233-237 and art. 239, 245 and 246 shall apply mutatis mutandis to acts committed in connection with proceedings before an international criminal tribunal or its body acting on the basis of an international agreement to which the Republic of Poland is a party, or appointed by an international organization under a constitutional arrangement ratified by the Republic of Poland.

Chapter XXXI

Crimes against elections and referendum

Article 248. [ Counterfeiting of electoral lists] Who, in connection with the elections to the Sejm, to the Senate, the election of the President of the Republic of Poland, the elections to the European Parliament, the elections of local government bodies or a referendum:

1) draw up a list of candidates or voters, without the authorized or non-authorized entry,

2) use the deceit to produce a list of candidate or voter, protocols or other electoral documents or referendum documents,

3) destroys, damages, hides, breaks, or subrams protocols or other electoral documents or referendals,

4) abuses or abuse in the acceptance or calculation of votes may be permitted,

5) depart to another person before the end of the vote the unused voting card or recruit from another person in order to use the unused ballot in the vote,

6) abuses in drawing up lists with signatures of citizens reporting candidates in elections or initiating referrals

-is punished by imprisonment up to the age of 3.

Article 249. [ Disturbing the organization of the elections] Those who are in violence, unlawful or deceitful are disturbing:

1) the assembly preceding the vote,

2. the free exercise of the right to stand as a candidate or to vote,

3) the vote or the calculation of votes,

4) drawing up protocols or other electoral documents or referendals,

shall be punished by imprisonment from 3 months to the age of 5.

Article 250. [ Unlawful influence on the elections] Those who, by violence, unlawful or by abuse of relationship, affect the voting rights of the righthed or force it to vote or refrain from voting,

shall be punished by imprisonment from 3 months to the age of 5.

Art. 250a. [ Benefit of the property for the way of voting] § 1. Who, being entitled to vote, accepts an asset or personal advantage or is so requested to vote in a specific way,

shall be punished by imprisonment from 3 months to the age of 5.

§ 2. The same penalty shall be subject to, who grants the property or personal benefit to the person entitled to vote, to make it to vote in a certain manner or for voting in a specific way.

§ 3. In the case of a lower weight, the perpetrator of the act referred to in § 1 or 2

shall be punished by the fine, punishable by restriction of liberty or imprisonment by the year 2.

§ 4. If the perpetrator of the offence referred to in § 1 or in § 3 in conjunction with § 1 has notified the body designated to prosecute the offence and the circumstances of his/her committing, the court shall apply an extraordinary relaxation of the sentence before the competent authority is aware of the offence, and even if it is not to be dispensed with.

Article 251. [ Violation of the secrecy of the vote] Who, in violation of the rules on the secrecy of the vote, against the wishes of the voter, is to read the content of his vote,

shall be punished by the fine, punishable by restriction of liberty or imprisonment by the year 2.

Chapter XXXII

Offences against public policy

Article 252. [ Taken Hostage] § 1. Who takes or is holding a hostage in order to force a state or self-government body, institution, organization, natural or legal person or group of persons to behave in a particular way,

shall be punished by imprisonment for a time not less than the age of 3.

§ 2. If the act referred to in § 1 combined with the specific torsion of the hostage, the perpetrator

shall be punished by imprisonment for not less than 5 years or punished by 25 years of imprisonment.

§ 3. Who makes the preparation for the offence referred to in § 1,

shall be punished by imprisonment for the years 3.

§ 4. He shall not be punished for the offence referred to in § 1, who has departed from the intent to force and relieved the hostage.

§ 5. The Tribunal may apply an emergency leniency to the perpetrator of the act referred to in § 2, which has departed from intent to extortion and relieved the hostage, and shall apply an extraordinary relief of the sentence if the waiver of intent to force and release the hostage was voluntarily

Article 253. (repealed).

Article 254. [ Participation in the runner] § 1. Who takes an active part in the fugitive, knowing that his participants in common forces commit violent coup to a person or property, is punishable by imprisonment up to the age of 3.

§ 2. If the result of a violent coup is the death of a man or a serious bodily injury, the participant of the confluent referred to in § 1,

shall be punished by imprisonment from 3 months to the age of 5.

Art. 254a. [ A barrage, destruction, damaging, or making an unusable infrastructure element] Who takes away, destroys, damages or makes an unserviceable part of the water supply, sewage, district heating, electricity, gas, telecommunications or railway, tramway, trolleybus or metro lines, This interfering with the operation of all or part of the network or line,

shall be punished by deprivation of liberty from 6 months to the age of 8.

Article 255. [ Calling for a prohibited act] § 1. Who publicly calls for a crime or treasury crime

shall be punished by the fine, punishable by restriction of liberty or imprisonment by the year 2.

§ 2. Who publicly calls for committing the crime,

shall be punished by imprisonment for the years 3.

§ 3. Who publicly praises the commission of the crime,

shall be subject to a fine of up to 180 daily rates, punishable by restriction of liberty or imprisonment by the year.

Art. 255a. [ Dissemination of content that may facilitate the commission of a terrorist offence] Who disseminates or publicly presents content that is likely to facilitate the commission of a terrorist offence in its intention that such a crime is committed,

shall be punished by imprisonment from 3 months to the age of 5.

Article 256. [ Propagation of fascism] § 1. Who publicly propagates a fascist or other totalitarian state system or incites hatred [ 15] against a background of national, ethnic, racial or religious differences or because of selfless reasons,

shall be punished by the fine, punishable by restriction of liberty or imprisonment by the year 2.

§ 2. [ 16] The same penalty shall be subject to who, for the purposes of distribution, produces, perpetuates or brings, acquires, stores, holds, presents, carries, or transmits, printing, recording or other objects, containing the content specified in § 1 or as a carrier of the symbolism Fascist, communist or other totalitarian. [ 17]

§ 3. [ 18] He shall not commit the offence of the criminal offence referred to in paragraph 2 if he has committed this act in the course of artistic, educational, collectible or scientific activities.

§ 4. In the event of a conviction for the offence referred to in § 2, the court shall rule forfeiture of the objects referred to in § 2, at least not being the property of the perpetrator.

Article 257. [ Insult to Population Group] Who publicly insults a group of people or individuals because of their national, ethnic, racial, religious or religious affiliation or for such reasons, or for such reasons, violates the physical integrity of another person,

shall be punished by imprisonment for the years 3.

Article 258. [ Participation in an organized group] § 1. Who takes part in an organized group or a relationship aimed at committing a crime or a treasury crime,

shall be punished by imprisonment from 3 months to the age of 5.

§ 2. If the group or the association referred to in § 1 is armed or is intended to commit a terrorist offence, the perpetrator

shall be punished by deprivation of liberty from 6 months to the age of 8.

§ 3. Any group or association referred to in paragraph 1 thereof, including the armed nature of the group or association referred to in paragraph 1, shall be governed by either such group or association

shall be punished by imprisonment from the year to the years 10.

§ 4. Any group or association with a view to committing a criminal offence of a terrorist nature shall be presumed or directed by such a group or association,

shall be punished by imprisonment for a time not less than the age of 3.

Article 259. [ Withdrawal from participation in group] He shall not be punished for the offence referred to in art. 258, who voluntarily departed from participation in a group or association and disclosed before a body set up to prosecute crimes all the relevant circumstances of the offence committed or prevented the commission from committing intentional crime, including and offending the offence treasury.

Article 260. [ Disturbance in Meeting] Those who are illegally in violence or in unlawful act shall frustrate the conduct of the assembly or the assembly or the origin of the meeting, the assembly or the congregation, or the assembly, or the commutation,

shall be punished by the fine, punishable by restriction of liberty or imprisonment by the year 2.

Article 261. [ Invalidation of the monument] Who is insulting a monument or other public place decorated to commemorate a historical event or a person's pupil,

shall be subject to a fine or penalty of restriction of liberty.

Article 262. [ Weightlessness of the Dead] § 1. Who insults the corpse, the human ashes, or the resting place of the deceased,

shall be punished by the fine, punishable by restriction of liberty or imprisonment by the year 2.

§ 2. Who shall limit the body, grave or other place of rest of the deceased,

shall be punished by deprivation of liberty from 6 months to the age of 8.

Article 263. [ Unlawful weapons product] § 1. Who, without the required permission, is able to express firearms or ammunition or trade in ammunition,

shall be punished by imprisonment from the year to the years 10.

§ 2. Who without the required permit has firearms or ammunition,

shall be punished by deprivation of liberty from 6 months to the age of 8.

§ 3. Who, when authorised to have a firearm or ammunition, makes available or transmits it to an unauthorised person,

shall be punished by the fine, punishable by restriction of liberty or imprisonment by the year 2.

§ 4. Who inadvertently causes the loss of firearms or ammunition, which, in accordance with the law, remains at his disposal,

shall be punished by the fine, punishable by restriction of liberty or imprisonment by the year

Article 264. [ Illegal Border Crossing] § 1. (repealed).

§ 2. Who, contrary to the regulations, exceeds the border of the Republic of Poland, using violence, threats, deceit or interacting with other persons, shall be punished by imprisonment up to the age of 3.

§ 3. Who organizes other persons crossing against the provisions of the border of the Republic of Poland,

shall be punished by deprivation of liberty from 6 months to the age of 8.

Art. 264a. [ Allowing illegal residence] § 1. Who, in order to achieve a property or personal gain, enables or facilitates another person to stay in the territory of the Republic of Poland against the provisions,

shall be punished by imprisonment from 3 months to the age of 5.

§ 2. In exceptional cases, where the perpetrator has not achieved the wealth benefit, the court may apply an extraordinary relaxation of the sentence and even waive its infestation.

Chapter XXXIII

Offences against the protection of information

Article 265. [ Disclosure of state secrets] § 1. Who reveals or contradicts the provisions of the Act, uses classified information classified as 'secret' or 'top secret',

shall be punished by imprisonment from 3 months to the age of 5.

§ 2. If the information referred to in § 1 is disclosed to a person acting on behalf of or on behalf of a foreign entity, the perpetrator

shall be punished by deprivation of liberty from 6 months to the age of 8.

§ 3. Who has inadvertently disclosed the information referred to in § 1, which he has become acquainted with in relation to the full public function or to the authorisation received,

shall be punished by the fine, punishable by restriction of liberty or imprisonment by the year

Article 266. [ Disclosure of professional secrecy] § 1. Who, contrary to the law of the law or the undertaking, shall disclose or use the information which he has taken into account in connection with his function, work, public, social, economic or scientific activities,

shall be punished by the fine, punishable by restriction of liberty or imprisonment by the year 2.

§ 2. A public officer who discloses an unauthorised classified information to a person with a "restricted" or "confidential" clause or information which he has obtained in connection with the performance of a business activity, and whose disclosure may harm the person legally protected interest,

shall be punished by imprisonment for the years 3.

§ 3. The prosecution of the offence referred to in paragraph 1 shall take place at the request of the victim.

Article 267. [ Violation of the secrecy of correspondence] § 1. Who, without the authority, obtains access to information not intended for him by opening a closed letter, connecting to the telecommunication network or by breaking or bypassing electronic, magnetic, computer or other specific information security,

shall be punished by the fine, punishable by restriction of liberty or imprisonment by the year 2.

§ 2. The same penalty shall be subject to who, without the authority, obtains access to all or part of the information system.

§ 3. The same penalty shall be subject to who, in order to obtain the information to which he is not entitled, assumes or uses a hearing device, a visual or other device or software.

§ 4. The same penalty shall be subject to the fact that the information obtained in the manner laid down in § 1-3 shall be disclosed to another person.

§ 5. The prosecution of the offence referred to in paragraphs 1 to 4 shall be made at the request of the victim.

Article 268. [ Destruction of information] § 1. Who, without being able to do so, destroys, damages, removes or changes the record of relevant information, or otherwise thwarts or significantly impedes the person entitled to become acquainted with it,

shall be punished by the fine, punishable by restriction of liberty or imprisonment by the year 2.

§ 2. If the act referred to in § 1 concerns the recording on an IT data medium, the perpetrator

shall be punished by imprisonment for the years 3.

§ 3. Who, by committing the act referred to in § 1 or 2, is causing material damage to property,

shall be punished by imprisonment from 3 months to the age of 5.

§ 4. The prosecution of the offence referred to in § 1-3 shall be made at the request of the victim.

Art. 268a. [ Destruction of IT data] § 1. Who, without being able to do so, destroys, damages, removes, modifates, changes or obstructs access to information data, or significantly interferes or prevents automatic processing, collection or transmission of such data,

shall be punished by imprisonment for the years 3.

§ 2. Who, by committing the act referred to in § 1, causes significant damage to property,

shall be punished by imprisonment from 3 months to the age of 5.

§ 3. The prosecution of the offence referred to in § 1 or 2 shall be followed at the request of the victim.

Article 269. [ Computer-related Offences] § 1. Who destroys, damages, removes or changes IT data of particular importance for the defence of the country, security in communication, functioning of the government administration, other state body or state institution or self-government territorial or disruptive or prevents automatic processing, collection or transmission of such data,

shall be punished by deprivation of liberty from 6 months to the age of 8.

§ 2. The same penalty shall be subject to the fact that the act referred to in paragraph 1 is authorised by destroying or exchanging information medium or by destroying or damaging the device for automatic processing, collection or transmission of data Information.

Art. 269a. [ Disruptive operation of a computer system or a computer network] Who, without being entitled to it, by transmission, destruction, removal, damage, obstruction of access or change of IT data, significantly disturs the work of the computer system or the IT network,

shall be punished by imprisonment from 3 months to the age of 5.

Art. 269b. [ Computer-related Offences] § 1. Who produces, acquires, acquires, or makes available to other persons or computer programs capable of committing a criminal offence as referred to in Article 165 § 1 point 4, art. 267 § 3, art. 268a § 1 or § 2 in conjunction with § 1, art. 269 § 2 or art. 269a, as well as computer passwords, access codes or other data enabling access to information stored in a computer system or a computer network,

shall be punished by imprisonment for the years 3.

§ 2. In the event of a conviction for the offence referred to in paragraph 1, the court shall give judgment to the forfeiture of the objects referred to therein, and may declare their forfeiture if they have not been the property of the perpetrator.

Chapter XXXIV

Offences against the reliability of documents

Article 270. [ Falsifying documents] § 1. Who, for the purpose of being authentic, counterfeit or terminates the document or such document as authentic uses,

shall be punished by the fine, punishable by restriction of liberty or imprisonment from 3 months to the age of 5.

§ 2. The same penalty shall be subject to the filing of a blanket bearing another person's signature, not in accordance with the will of the signatory, or the use of such document or document.

§ 2a. In case of minor weight, the offender

shall be punished by the fine, punishable by restriction of liberty or imprisonment by the year 2.

§ 3. Who makes the preparation for the offence referred to in § 1,

shall be punished by the fine, punishable by restriction of liberty or imprisonment by the year 2.

Article 271. [ Statement of untruths] § 1. A public officer or other person entitled to issue a document which certifies in him the untruth as to the circumstances of the legal meaning,

shall be punished by imprisonment from 3 months to the age of 5.

§ 2. In case of minor weight, the offender

shall be subject to a fine or penalty of restriction of liberty.

§ 3. If the perpetrator is permitted to act as referred to in § 1 in order to achieve a personal or personal advantage,

shall be punished by deprivation of liberty from 6 months to the age of 8.

Article 272. [ Delusion of Certificate] Who lends a statement of untruths by the insidious misintroduction into error of a public officer or of another person authorized to issue a document,

shall be punished by imprisonment for the years 3.

Article 273. [ Using a false document] Who uses the document specified in art. 271 or 272,

shall be punished by the fine, punishable by restriction of liberty or imprisonment by the year 2.

Article 274. [ Disposal of identity documents] Who is disposing of his/her own or other identity document,

shall be punished by the fine, punishable by restriction of liberty or imprisonment by the year 2.

Article 275. [ Using other people's identity documents] § 1. Who is using a document stating the identity of another person or of its property rights or the document of such a steeply or prone to the person concerned,

shall be punished by the fine, punishable by restriction of liberty or imprisonment by the year 2.

§ 2. The same penalty shall be subject to the person who unlawfully carries, transfers or transmits a document stating the identity of another person or of its property rights.

Article 276. [ Destruction of documents] Who destroys, damages, makes useless, hides or deletes a document that has no right only to dispose of it,

shall be punished by the fine, punishable by restriction of liberty or imprisonment by the year 2.

Article 277. [ Destruction of border marks] Who border signs destroy, damage, remove, move or make invisible, or falsely display,

shall be punished by the fine, punishable by restriction of liberty or imprisonment by the year 2.

Chapter XXXV

Offences against property

Article 278. [ Theft of movable property] § 1. Who takes in order to be misappropriated by a moveable thing,

shall be punished by imprisonment from 3 months to the age of 5.

§ 2. The same penalty shall be subject to who, without the consent of the authorized person, is entitled to obtain a computer program in order to achieve the property benefit.

§ 3. In case of minor weight, the offender

shall be punished by the fine, punishable by restriction of liberty or imprisonment by the year

§ 4. If the theft has been made to the detriment of the nearest person, the prosecution shall take place at the request of the victim.

§ 5. [ 19] The provisions of paragraphs 1, 3 and 4 shall apply mutatis mutandis to the theft of energy or a card entitling to take money from a bank machine.

Article 279. [ Theft with burglary] § 1. Who is stealing from the burglary,

shall be punished by imprisonment from the year to the years 10.

§ 2. If the theft of a burglary has been made to the detriment of the person nearest, the prosecution shall be carried out at the request of the victim.

Article 280. [ Arrange] § 1. Who steals, using violence against a person or threatening to use it immediately, or by bringing a man to a state of unconsciousness or vulnerability,

shall be punished by deprivation of liberty from the years 2 to 12.

§ 2. If the perpetrator of the robbery uses a firearm, knife or other similarly dangerous object or means of incapsifying or otherwise acts directly threatening the life or acts in common with another person who uses such a weapon, the subject, measure or manner,

shall be punished by imprisonment for a time not less than the age of 3.

Article 281. [ Theft of the robbery] Who, in order to stay in possession of a stolen property immediately after the theft, uses violence against the person or threatens to use it immediately or drives the person unconscious or defenseless,

shall be punished by imprisonment from the year to the years 10.

Article 282. [ Force] Who, with the aim of achieving wealth benefit, violence, the threat of life or health or a violent attack on property, brings another person to a regulation with either one's own or someone else's own or a cessation of economic activity,

shall be punished by imprisonment from the year to the years 10.

Article 283. [ Lesser theft] In the case of lesser weight, the perpetrator of the act referred to in Article 279 § 1, art. 280 § 1 or in art. 281 or 282,

shall be punished by imprisonment from 3 months to the age of 5.

Article 284. [ Leadership] § 1. Who is in favour of a movable or property law,

shall be punished by imprisonment for the years 3.

§ 2. Who is the person entrusted to him with a movable property,

shall be punished by imprisonment from 3 months to the age of 5.

§ 3. In the case of lesser weight or misappropriation of the items found, the perpetrator

shall be punished by the fine, punishable by restriction of liberty or imprisonment by the year

§ 4. If the appropriation is made to the detriment of the person in the immediate vicinity, the prosecution shall take place at the request of the victim.

Article 285. [ Theft of telephone impulses] § 1. Who, including the telecommunication device, runs a phone pulse bill on the bank.

shall be punished by imprisonment for the years 3.

§ 2. If the act referred to in § 1 is committed to the detriment of the person closest to it, the prosecution shall take place at the request of the victim.

Article 286. [ Fraud] § 1. Who, with a view to achieving an asset benefit, brings another person to an unfavourable regulation on his or her own right by means of misleading or erring an error or incapacity to understand the undertaking concerned,

shall be punished by deprivation of liberty from 6 months to the age of 8.

§ 2. The same penalty shall be subject to the person who claims the benefit of the property in exchange for the return of unlawfully taken goods.

§ 3. In case of minor weight, the offender

shall be punished by the fine, punishable by restriction of liberty or imprisonment by the year 2.

§ 4. If the act referred to in § 1-3 is committed to the detriment of the person closest to it, the prosecution shall take place at the request of the victim.

Article 287. [ Computer-fraud] § 1. Who, in order to gain property gain or cause another person of damage, without authorization, affects the automatic processing, collection or transmission of IT data or changes, removes or introduces a new record of the data IT

shall be punished by imprisonment from 3 months to the age of 5.

§ 2. In case of minor weight, the offender

shall be punished by the fine, punishable by restriction of liberty or imprisonment by the year

§ 3. If a fraud is committed to the detriment of the person nearest, the prosecution shall be carried out at the request of the victim.

Article 288. [ Destroying someone else's thing] § 1. Who miracully destroys, damages, or makes unfit for use,

shall be punished by imprisonment from 3 months to the age of 5.

§ 2. In case of minor weight, the offender

shall be punished by the fine, punishable by restriction of liberty or imprisonment by the year

§ 3. The penalty referred to in paragraph 1 shall also be subject to the person who interrupts or damages the subsea cable or violates the provisions in force at the establishment or repair of such a cable.

§ 4. The prosecution of the offence referred to in § 1 or 2 shall be followed at the request of the victim.

Article 289. [ Kidnapping of the vehicle] § 1. Who takes away for the short term use of a miracle mechanical vehicle,

shall be punished by imprisonment from 3 months to the age of 5.

§ 2. If the perpetrator of the act referred to in § 1 defeats the protection of the vehicle prior to its use by an unauthorised person, the vehicle is property of a significant value or the perpetrator then abandonates the vehicle in a damaged condition or in such circumstances that the danger of loss of, or damage to, the vehicle or its parts or contents,

shall be punished by deprivation of liberty from 6 months to the age of 8.

§ 3. If the act referred to in § 1 has been committed using violence or threatening to use it immediately, or by bringing a person to a state of unconsciousness or vulnerability, the perpetrator

shall be punished by imprisonment from the year to the years 10.

§ 4. In the cases referred to in § 1-3 the court may measure a fine next to a custodial sentence.

§ 5. If the act referred to in § 1-3 is committed to the detriment of the person closest to it, the prosecution shall take place at the request of the victim.

Article 290. [ Theft of forest] § 1. Who, for the purpose of appropriatry, is allowed to take out a tree in the forest,

shall be liable for theft.

§ 2. In the case of a tree-tree conviction or the theft of a tree or a tree, the court will rule in favour of the victim in the amount of double the value of the tree.

Article 291. [ Intentional passersby] § 1. Who, by means of a prohibited act, acquires or helps to dispose of it, or to the benefit of that person, shall accept or assist the divestiture of the prohibited act,

shall be punished by imprisonment from 3 months to the age of 5.

§ 2. In case of minor weight, the offender

shall be punished by the fine, punishable by restriction of liberty or imprisonment by the year

Article 292. [ Non-intentional passersby] § 1. Who, on the basis of the accompanying circumstances, should and may presume that it was obtained by means of a prohibited act, shall acquire or assist the divestment thereof, or shall accept or assist it to conceal it,

shall be punished by the fine, punishable by restriction of liberty or imprisonment by the year 2.

§ 2. In the case of a significant value of the things referred to in § 1, the perpetrator

shall be punished by imprisonment from 3 months to the age of 5.

Article 293. [ Being a computer program] § 1. The provisions of Article 4 291 and 292 shall apply mutatis mutandis to the computer program.

The Tribunal may declare the forfeiture of the goods referred to in paragraph 1 and in Article 1. 291 and 292, even though it did not constitute the perpetrator's property.

Article 294. [ Property of significant value] § 1. Who is allowed to act as a crime as defined in Article 278 § 1 or 2, art. 284 § 1 or 2, art. 285 § 1, art. 286 § 1, art. 287 § 1, art. 288 § 1 or 3, or in Art. 291 § 1, in relation to the property of a significant value,

shall be punished by imprisonment from the year to the years 10.

§ 2. The same penalty shall be subject to the perpetrator, who is permitted to act as a criminal offence referred to in § 1 in relation to a good of a particular interest in culture.

Article 295. [ Voluntary remediation] § 1. To the perpetrator of the offence referred to in Article 278, 284-289, 291, 292 or 294, who voluntarily repaired the damage in whole or returned a vehicle or a thing of particular importance for a culture in an undamaged state, the court may apply an extraordinary relaxation of the sentence, and even depart from it If any of the other

§ 2. In view of the perpetrator of the offence referred to in § 1, which has voluntarily repaired the damage in a substantial part, the court may apply an extraordinary relaxation of the sentence.

Chapter XXXVI

Offences against the economic defence

Article 296. [ Damage to property] § 1. Who, by virtue of a provision of a law, a decision of the competent authority or of a contract to deal with property matters or business activities of a natural person, legal entity or an organisational unit without legal personality, by misuse of the powers conferred on it or failure to comply with its obligations, cause material damage to its property,

shall be punished by imprisonment from 3 months to the age of 5.

§ 1a. If the perpetrator referred to in paragraph 1, by misuse of his powers or failure to comply with his obligations, brings immediate danger of causing significant damage to property,

shall be punished by imprisonment for the years 3.

§ 2. If the perpetrator of the offence referred to in § 1 or 1a works to achieve the property benefit,

shall be punished by deprivation of liberty from 6 months to the age of 8.

§ 3. If the perpetrator of the offence referred to in § 1 or 2 does damage to property in large proportions,

shall be punished by imprisonment from the year to the years 10.

§ 4. If the perpetrator of the offence referred to in § 1 or 3 acts inadvertently,

shall be punished by imprisonment for the years 3.

§ 4a. If the victim is not a State Treasury, the prosecution of the offence referred to in § 1a shall be subject to the request of the victim.

§ 5. It shall not be punished by the person who, prior to the initiation of the criminal proceedings, has voluntarily fixed the damage caused.

Article 296a. [ Benefit of the property for the damage] § 1. Who, acting as a manager in a business unit engaged in an economic activity or staying with it in a work relationship, contract or work contract, requests or accepts a property or personal benefit or promise, in return for misuse of its powers or failure to comply with its obligations which may cause damage to property or act as an act of unfair competition or an unacceptable preferential act to the purchaser or to the recipient of the goods, services or benefits,

shall be punished by imprisonment from 3 months to the age of 5.

§ 2. The same penalty shall be subject to the person who, in the cases referred to in paragraph 1, grants or promises to grant an economic or personal advantage.

§ 3. In the case of a lower weight, the perpetrator of the act referred to in § 1 or 2

shall be punished by the fine, punishable by restriction of liberty or imprisonment by the year 2.

§ 4. If the perpetrator of the act referred to in § 1 is causing material damage to the property,

shall be punished by deprivation of liberty from 6 months to the age of 8.

§ 5. It shall not be punished by the perpetrator of the offence referred to in § 2 or § 3 in conjunction with § 2 where the property or personal advantage or their promise has been accepted and the perpetrator has notified the body of the criminal offence and disclosed all the offences. the relevant circumstances of the offence before the authority found out about it.

Article 296b. (repealed).

Article 297. [ Credit Fraud] § 1. Who, in order to obtain for himself or another, from a bank or an organizational unit conducting a similar business activity on the basis of a law or from a body or institution with public funds-a loan, a monetary loan, the guarantees, guarantees, letters of credit, grants, subsidies, confirmation by the bank of the liability arising from the surety or guarantee or similar provision of money for a specific economic purpose, a payment instrument or a public contract, submit counterfeit, reproduced, certifying untruth, or unreliable document or unreliable written statement of circumstances of significant importance for obtaining the aforementioned financial support, payment instrument or order,

shall be punished by imprisonment from 3 months to the age of 5.

§ 2. The same penalty shall be subject to who, contrary to the obligation, does not notify the competent body of the situation which may affect the suspension or limitation of the financial support provided for in § 1, or of the contract. of public or for the possibility of further use of the payment instrument.

§ 3. It shall not be punished who, prior to the initiation of the criminal proceedings, voluntarily prevented the use of a financial or payment instrument as referred to in § 1, resigned from a grant or a public contract, or had satisfied the claim Urticaria.

Article 298. [ Insurance Fraud] § 1. Who, in order to obtain compensation for the insurance contract, causes the event giving rise to the payment of such compensation,

shall be punished by imprisonment from 3 months to the age of 5.

§ 2. It is not punishable by the person who, prior to the initiation of criminal proceedings, voluntarily prevented the payment of compensation.

Article 299. [ Offences concerning means of payment] § 1. [ 20] Who means of payment, financial instruments, securities, foreign exchange values, property rights or other movable or immovable property derived from the benefits of the criminal offence, accepts, has, uses, transfers, or transfers of funds export abroad, hide, transfer or convert them, help to transfer their ownership or possession or take other actions that may impede or significantly impede the finding of their criminal origin or place the placement, detection, seizure or forfeiture,

shall be punished by deprivation of liberty from 6 months to the age of 8.

§ 2. The penalty referred to in § 1 shall be subject to the person who, as an employee or acting in the name of or on behalf of the bank, financial or credit institution or any other entity on which, under the provisions of the law of pregnancy, the obligation to register transactions and persons transactions, shall, contrary to the provisions, funds, financial instruments, securities, foreign exchange values, transfer or convert them, or adopt them in other circumstances, which shall give rise to a reasonable suspicion that they may be they are the subject of the act referred to in § 1, or other services intended to hide them criminal origin or service in protection against occupancy.

§ 3. (repealed).

§ 4. (repealed).

§ 5. If the perpetrator is permitted to act as referred to in § 1 or 2, acting in agreement with other persons,

shall be punished by imprisonment from the year to the years 10.

§ 6. The penalty referred to in § 5 shall be subject to the perpetrator, if by admitting the act referred to in § 1 or 2, he achieves a significant financial advantage.

§ 6a. [ 21] Who shall make preparations for the offence referred to in § 1 or 2,

shall be punished by imprisonment for the years 3.

§ 7. In the event of a conviction for an offence referred to in § 1 or 2, the court shall rule forfeiture of items directly or indirectly from a criminal offence, as well as the proceeds of the offence, or their equivalent, even if they did not constitute the perpetrator's property. The forfeiture shall not be given in whole or in part if the object, benefit or equivalent of the object is recovered from the victim or to another entity.

§ 8. He shall not be punished for the offence referred to in § 1 or 2, who voluntarily disclosed to the body set up for the prosecution of criminal offences information concerning the persons involved in the commission of the offence and the circumstances of his/her committing, if this prevented the offence from being to commit another offence; if the perpetrator has made an effort to disclose such information and circumstances, the court shall apply an extraordinary relaxation of the sentence.

Article 300. [ Decrease in the value of assets] § 1. Who, in the event of insolvent or bankruptcy threatening him, thwart or deplete the satisfaction of his creditor by removing, hiding, disposing, giving, destroying, actually or seemingly burdening or damaging the components of his property,

shall be punished by imprisonment for the years 3.

§ 2. Who, in order to frustrate the execution of the decision of the court or other state body, thwart or deplete the satisfaction of its creditor by the fact that it removes, hides, divests, evaporates, destroys, effectively or seemingly burdens or damages the components his assets seized or threatened with occupancy, or he/she removes the signs of seizure,

shall be punished by imprisonment from 3 months to the age of 5.

§ 3. If the act referred to in paragraph 1 has caused damage to a number of creditors, the perpetrator shall

shall be punished by deprivation of liberty from 6 months to the age of 8.

§ 4. If the victim is not a State Treasury, the prosecution of the offence referred to in § 1 shall be subject to the request of the victim.

Article 301. [ Hinder the satisfaction of creditors] § 1. Who, being the debtor of several creditors, has foiled or restricts the satisfaction of their receivables by creating a new economic entity on the basis of the law and transferring the elements of its assets to it,

shall be punished by imprisonment from 3 months to the age of 5.

§ 2. The same penalty is subject to who, being the debtor of several creditors, leads to their bankruptcy or insolvency.

§ 3. Who, being the debtor of several creditors in a reckless manner, leads to their bankruptcy or insolvency, in particular by squanting the parts of the property, engaging in liabilities or concluding transactions of course contrary to the rules of the management,

shall be punished by the fine, punishable by restriction of liberty or imprisonment by the year 2.

Article 302. [ Deceiving creditors] § 1. Who, in the event of insolvency or bankruptcy, unable to satisfy all creditors, repays or secures only some of whom he or she is acting to the detriments of the others,

shall be punished by the fine, punishable by restriction of liberty or imprisonment by the year 2.

Article 2 (1) The creditor shall grant or promise to grant an advantage for the damage to other creditors in connection with the bankruptcy proceedings or in order to prevent the bankruptcy of the creditor,

shall be punished by imprisonment for the years 3.

§ 3. The same penalty shall be subject to a creditor who, in connection with the proceedings referred to in paragraph 2, accepts an advantage for the performance of other creditors or of such an advantage requested.

Article 303. [ Unreliable record keeping] § 1. He who causes damage to the property of a natural person, legal person or business unit without legal personality, by not conducting a record of business activity or conducting it in an unreliable or untruthful way, in In particular, by destroying, removing, concealing, by working or counterfeiting documents relating to this activity,

shall be punished by imprisonment for the years 3.

§ 2. If the perpetrator of the offence referred to in § 1 is causing material damage to the property,

shall be punished by imprisonment from 3 months to the age of 5.

§ 3. In the case of lesser gravity, the perpetrator of the offence referred to in § 1

shall be punished by the fine, punishable by restriction of liberty or imprisonment by the year

§ 4. If the victim is not a State Treasury, the prosecution of the offence referred to in § 1-3 shall take place at the request of the victim.

Article 304. [ Lichwa] Who, when exerting a forced location of another natural person, legal entity or business unit without legal personality, contains a contract with it, requiring it to provide a non-reciprocal benefit with the mutual benefit, shall be punished by the penalty Prison term of the year 3.

Article 305. [ Tendance of the tender] § 1. Who, in order to gain property gain, thwart or obstructs the public tender or enters into an agreement with another person acting on the detriments of the owner of the property or the person or institution to which the tender is being made,

shall be punished by imprisonment for the years 3.

§ 2. The same penalty shall be subject to persons who, in connection with a public tender, shall disseminate information or alternating relevant circumstances relevant to the conclusion of the contract which is the subject of the invitation to tender, or to enter into an agreement with another person, acting on a damage to the owner of the property or of the person or institution to which the invitation to tender is made.

§ 3. If the victim is not a State Treasury, the prosecution of the offence referred to in § 1 or 2 shall take place at the request of the victim.

Article 306. [ Deleting identifying characters] Who removes, counterfeits or breaks the identification marks, the date of manufacture or the date of the suitability of the goods or equipment,

shall be punished by imprisonment for the years 3.

Article 307. [ Repairing damage] § 1. To the perpetrator of the offence referred to in Article 296 or 299-305, which has voluntarily repaired the damage in its entirety, the court may apply an extraordinary relaxation of the sentence, and even waiver of its infliction.

§ 2. In view of the perpetrator of the offence referred to in § 1, which has voluntarily repaired the damage in a substantial part, the court may apply an extraordinary relaxation of the sentence.

Article 308. [ Liability of another person's case] For the offences referred to in this chapter, he or she shall be responsible for the debtor or creditor, who, on the basis of a legal provision, decision of the competent authority, contract or actual exercise, shall deal with the property of another legal person, a physical person, a group of persons. or an entity that has no legal personality.

Article 309. [ Height of the fine to be imposed] In the event of a conviction for the offence referred to in Article 296 § 3, art. 297 § 1 or art. 299, a fine of up to 3 000 daily rates may be measured next to a custodial sentence.

Chapter XXXVII

Offences against trafficking in money and securities

Article 310. [ Counterfeiting of money] § 1. Who counterfeit or breaks Polish or foreign money, other means of payment or a document entitling to receive the sum of money either with the obligation to pay the capital, interest, participation in profits or the statement of participation in the company or from money, other means of payment or such a document removes the sign of redemption,

shall be punished by imprisonment for not less than 5 years or punished by 25 years of imprisonment.

§ 2. Whoever money, other means of payment or document referred to in § 1 of the wilderness shall accept, store, carry, transfer, transfer, transfer or assist him to dispose of the money or to conceal it,

shall be punished by imprisonment from the year to the years 10.

§ 3. In the case of a lesser weight, the court may apply an emergency leniency.

§ 4. Who makes the preparation for committing the offence referred to in § 1 or 2,

shall be punished by imprisonment from 3 months to the age of 5.

Article 311. [ Untrue information] Who, in the documentation related to the turnover of securities, disseminates untrue information or speaks information about the asset status of the tenderer, which is relevant to the acquisition, sale of securities, increases, or reduction of input,

shall be punished by imprisonment for the years 3.

Article 312. [ Circulating in the circulation of counterfeit money] Who wills in circulation forged or processed money, other means of payment or a document specified in art. 310 § 1, which he himself received as true,

shall be punished by the fine, punishable by restriction of liberty or imprisonment by the year

Article 313. [ Valuations of Securities] § 1. Who, for the purpose of using or circulating in circulation, shall either subrade or break the official mark or remove the sign of redemption from such a mark,

shall be punished by imprisonment for the years 3.

§ 2. The same penalty shall be subject to the order of which the official value of the forged, processed or deleted redemption mark in circulation shall be acquired or used by the official mark or shall be kept for the purpose of circulating.

Article 314. [ Conning official characters] Who, for the purposes of marketing, counterfeit or terminates the official mark, who is to ascertain the authorisation or the result of the examination or of the public trade, shall use the objects bearing such counterfeit or intermittched characters,

shall be punished by the fine, punishable by restriction of liberty or imprisonment by the year 2.

Article 315. [ Subrabians of legalized tools] § 1. Who, for the purposes of marketing, underraves or terminates a legalized measuring or test tool,

shall be punished by the fine, punishable by restriction of liberty or imprisonment by the year 2.

§ 2. The same penalty shall be subject to the use of which either a counterfeit or a reworked measuring instrument or test is used for the purpose of marketing the use of such a tool for commercial purposes.

Article 316. [ The forfeiture of counterfeit objects] § 1. Money, documents and valuables forged, processed or deleted, and counterfeit or reworked measuring instruments, as well as the objects for committing the offences referred to in that Chapter forfeiture, even though they were not the perpetrators of the perpetrator.

§ 2. The official signs referred to in Article 2 (2) shall be made or reworked. The 314 should be removed, even if it was to be connected to the destruction of the object.

MILITARY PART

Chapter XXXVIII

General provisions concerning soldiers

Article 317. [ Application of provisions to soldiers] § 1. The provisions of the general and special parts of this Code shall apply to the soldiers if the military part does not contain any different provisions.

§ 2. Rules of Art. 356-363 and, in the event of a criminal offence, the general rules applicable to the soldiers shall also apply mutatis mutandis to the military personnel.

§ 3. The provisions of the military section shall apply mutatis mutandis to other persons, if the Act so provides.

Article 318. [ Execution of the order] He shall not commit a felony of a soldier who is permitted to act as a prohibited act, unless he intentionally commits a criminal offence.

Article 319. [ Obedient to the order] § 1. Do not commit a soldier's offense when in the case of disobedience or resistance, he/she applies the means necessary to force a hearing for the order, to which the order was entitled, if circumstances require immediate counteraction, and listen to for an order cannot be achieved in any other way.

§ 2. In case of exceeding the limits of the final need, the court may apply an extraordinary relaxation of the sentence.

Article 320. [ Extraordinary leniency for a soldier] In relation to the perpetrator of the offence specified in the military section, which at the time of the act was unfit to serve the military service, the court may apply an extraordinary relaxation of the sentence and even waiver of its exertion.

Article 321. [ Submission of the commander's case] In the case provided for in Article 10 § 4 the court may, instead of the adjudication of the educational or correctional measures referred to in that provision, transfer the perpetrator to the competent commander in order to impose a penalty provided for in the military disciplinary rules.

Article 322. [ Military Arrest] § 1. The punishment of the soldiers is also military detention; the sentence of imprisonment shall be applied to the sentence of the military detention.

§ 2. The penalty of military detention lasts for the shortest month, the longest 2 years; it has been made in months and years.

§ 3. The punishment of military detention shall be carried out in a dedicated detention facility; at the time of the sentence, a military training shall also be subject to the conviction.

Article 323. [ Restriction of soldier's freedom] § 1. No Article shall be applied to the soldiers. 34 § 1a points 1, 2 and 4. The penalty of restriction of liberty may rely on the obligation referred to in art. 72 § 1 points 5-7a.

§ 2. At the time of the penalty of restriction of liberty, sentenced:

1) may not be appointed to a higher military degree or appointed to a higher office position,

2) shall not take part in the ceremonies and parades organized in the military unit or with the participation of the entity.

§ 3. Soldiers of a service other than the host shall be punished with a restriction of liberty, remaining at a particular place at the manager's disposal at the time of the end of the service activities for 4 hours 2 days a week. The Court may also decide to set a deduction from 5 to 15% of the monthly basic salary for the social purpose indicated.

§ 4. Soldiers of the host military service shall be punished by the restriction of liberty in a separate military unit according to the rules laid down in the Code of Criminal Code.

§ 5. If the sentenced to a restriction of liberty, in accordance with the rules laid down in § 1 to 4, at the time of accession to the exercise thereof, in whole or in part, ceased to be a soldier or, in the case provided for in art. 317 § 2, an employee of the military, the court orders this punishment to the penalty of restriction of liberty which is ruled by general rules.

Article 324. [ Punitive measures applicable to soldiers] § 1. The punitive measures applied to the soldiers are also:

1) (repealed),

2) expulsion from the professional military service,

3) degradation.

§ 2. In the case of the soldiers of the primary service, the criminal measure listed in Article shall not be ruled out. 39 point 7.

Article 325. (repealed).

Article 326. [ Expulsion from the professional military service] § 1. Expulsion from the professional military service shall include the immediate removal from service and the loss of the badge and honorable distinctions granted by the competent commander.

§ 2. The Tribunal may decide to expel from a professional military service if the perpetrator in committing a intentional criminal offence has grossly abused his or her powers or has shown that the continued exercise of that service threatens to endanger the essential well-protected nature of the law.

Article 327. [ Degradation] § 1. The degradation includes the loss of the possessed military degree and the return to the rank grade.

§ 2. The Tribunal may decide to degrade in the event of a conviction for a deliberate offence, if the nature of the act, the manner and circumstances of its committing, allow the perpetrator to accept that the perpetrator has lost the properties required to have a military degree, and in particular in the case of activities in order to achieve an asset benefit.

Article 328. [ Conditions of the Criminal Measures] The judgment may be relegated only to a person who, at the time when the act was committed, was a soldier, even if it ceased to be a soldier at the time of the decision.

Article 329. [ Conditions for the adjudication of military detention] If the offence is punishable by a custodial sentence of not more than five years, and the penalty imposed would not be more than 2 years of imprisonment, the court may order the soldier to rule the military detention order.

Article 330. [ Conditions of adjudication of the restriction of liberty] If the punishable military detention order would not have been stricter than in the year, the court may rule on the soldier to limit the freedom.

Article 331. [ Disciplinary penalty] By derogating from the penalty, the court may ask the competent commander to impose a disciplinary penalty provided for in the military's disciplinary rules.

Article 332. [ Offence] § 1. In the event of a judgment for a criminal offence of deprivation of public rights and the degradation or expulsion of a professional military service, the court shall only rule the deprivation of public rights.

§ 2. In the event of a judgment for the running of a crime of degradation and of expulsion from the professional military service, the court will only rule on the degradation.

Article 333. [ Conditional waiver of criminal proceedings against a soldier] § 1. By applying a conditional remission of criminal proceedings against a soldier, the court may also ask the competent commander to impose a penalty provided for in the military's disciplinary rules.

§ 2. The Tribunal may also take criminal proceedings even if the perpetrator grossly violates the rules of military discipline.

Article 334. [ Conditions of military service] § 1. By imposing obligations on a soldier or by applying the measures provided for in Article 67 or 72, the conditions for military service shall be taken into account.

§ 2. By waiving the supervision of the soldier, the court may entrust the execution of the duties of the supervision to the military curator, the supervisor or the soldier indicated by the superior.

Article 335. [ Suspension of the soldier's penalty] By suspending the execution of a sentence against a soldier, the court may also rule on the measures provided for in Article 4. § 2.

Article 336. [ Deferral of imprisonment] § 1. The Tribunal may postpone the soldier's principal enforcement of the sentence of imprisonment not exceeding six months until the service is completed.

§ 2. The Tribunal may order the execution of a deferred penalty if the convicted in the period of deferment grossly violates the legal order or the rules of military discipline.

§ 3. The court after hearing the opinion of the commander of the unit may waive the sentence of imprisonment not exceeding 6 months if the period of postponement lasted at least 6 months, and the soldier in that period distinguished himself in the performance of official duties or he showed courage.

§ 4. The Tribunal may exempt from the sentence laid down in paragraph 3, even if the period of deferment lasted for a shorter period of time, provided that there are particularly compelling reasons for this.

§ 5. Exemption from punishment under § 3 or 4 shall entail a loss of conviction by law; if a fine or a punitive measure is held against the convicted person, the conviction shall not take place prior to the execution of that penalty or the criminal measure.

§ 6. The provisions of paragraphs 1 to 5 shall apply mutatis mutandis to the person appointed to the military service.

Article 337. [ Possibility of conviction of conviction] In the case of a soldier of the primary service who has been convicted of a criminal offence in a military section committed during that service, for a fine, a penalty of restriction of liberty, or imprisonment not exceeding one year, the court may order tarnishing the sentencing after transferring it to the reserve, if the penalty or adjudicated punitive measure has been executed.

Chapter XXXIX

Offences against the duty of military service

Article 338. [ Arbitrary leaving the unit] § 1. A soldier who, at least twice in a period of not more than 3 months, has been unwilling to leave his unit or the designated place of residence or is self-wilted, shall remain in a dimension not exceeding a single 48 hour period,

shall be punished by the restriction

§ 2. A soldier who is self-wilted to leave his unit or the designated place of residence or self-involuntions shall remain for a period of more than 48 hours, but not longer than for a period of 7 days,

shall be punished by restriction of liberty, punishable by military detention until a year, or imprisonment by the year.

§ 3. A soldier who is self-exiting his unit or designated place of residence, or who is self-wilted, remains for a period of more than 7 days,

shall be punished by military detention or imprisonment up to the age of 3.

§ 4. The prosecution of the offence referred to in paragraphs 1 and 2 shall take place upon the request of the commander of the military unit.

Article 339. [ Dezertion] § 1. A soldier who, in order to permanently withdraw from the military service, leaves his unit or designated place of residence or in such a way beyond them remains,

shall be punished by imprisonment from 3 months to the age of 5.

§ 2. If the perpetrator is allowed to defecate jointly with other soldiers or taking up arms,

shall be punished by deprivation of liberty from 6 months to the age of 8.

§ 3. A soldier who, at a time of desertion, flees abroad or has been abroad, is abrogated from his return to the country,

shall be punished by imprisonment from the year to the years 10.

§ 4. A soldier who makes preparations for the offence referred to in § 1-3,

shall be punished by military detention or imprisonment under the age of 2.

Article 340. [ Back to service] If the perpetrator of the offence referred to in Article 339 voluntarily returned, and his absence lasted no longer than 14 days, the court may apply an emergency leniency.

Article 341. [ Refusal to perform official duty] § 1. A soldier who refuses to serve as a military service or to perform an obligation arising out of that service,

shall be punished by military detention or imprisonment up to the age of 3.

§ 2. The same penalty shall be subject to a soldier of a service other than the essential person who is not bound by the obligation to do so.

§ 3. Prosecution of the offence referred to in § 2 shall follow the request of the commander of the unit.

Article 342. [ Self-mutilation] § 1. A soldier who, in order to either completely or partially waives the military service, or from the performance of the duty of the service:

(1) it causes, or permits, any other effect of the effect laid down in Article 3 (1) (a). 156 § 1 or art. 157 § 1,

2) use the deceit to mislead the military body,

shall be punished by military detention or imprisonment up to the age of 3.

§ 2. In case of minor weight, the offender

shall be punished by restriction of liberty, military detention by year, or imprisonment by the year.

Chapter XL

Offences against the rules of military discipline

Article 343. [ Failure to execute an order] § 1. A soldier who does not exercise or refuses to execute an order or does an order not according to his or her contents,

shall be punished by military detention or imprisonment up to the age of 3.

§ 2. If the perpetrator of the act referred to in § 1 acts jointly with other soldiers or in the presence of the collected soldiers or the consequence of the act referred to in § 1, there is a significant damage to property or other serious damage, the perpetrator

shall be punished by imprisonment from 3 months to the age of 5.

§ 3. A soldier who enters into an agreement with other soldiers to commit a criminal act as defined in § 1 or 2,

shall be punished by restriction of liberty, military detention or imprisonment by the age of 2.

§ 4. Prosecution of the offence referred to in § 1 or 3 shall be carried out at the request of the unit commander.

Article 344. [ Justified Refusal of command] § 1. He shall not commit the offence referred to in art. 343 of a soldier who refuses to execute an order either to commit a crime or does not execute him.

§ 2. In the event of the execution of the order referred to in § 1, not according to its contents in order to significantly reduce the harmfulness of the act, the court may apply an extraordinary relaxation of the sentence or waiver of its metering.

Article 345. [ Active assault on the supervisor] § 1. A soldier who is allowed to have an active assaults on his superiors,

shall be punished by military detention or imprisonment up to the age of 3.

§ 2. If the perpetrator is allowed to be active in connection with the performance of his or her duties, or jointly with other soldiers or in the presence of the soldiers,

shall be punished by deprivation of liberty from 6 months to the age of 8.

§ 3. If the perpetrator of the act referred to in § 1 or 2 uses a weapon, a knife or another similarly dangerous object,

shall be punished by imprisonment from the year to the years 10.

§ 4. The penalty provided for in § 3 shall be subject to the perpetrator of the act referred to in § 1 or 2, if the result is the result set out in the Article. 156 or 157 § 1.

Article 346. [ Obstructing Supervisor in a Work Action] § 1. A soldier who uses violence or an unlawful threat to prevent his or her superiors from being a business or to force a superior to a business or to refrain from a business activity,

shall be punished by military detention or imprisonment up to the age of 3.

§ 2. If the perpetrator acts jointly with other soldiers or in the presence of the collected soldiers,

shall be punished by imprisonment from 3 months to the age of 5.

Article 347. [ Insult to Supervisor] § 1. A soldier who insulted his superiors,

shall be punished by restriction of liberty, military detention or imprisonment by the age of 2.

§ 2. The following shall be applied at the request of the victim or the commander of the unit.

Article 348. [ Application of provisions] The provisions of Article 4 345-347 shall apply mutatis mutandis to a soldier who is permitted to act as defined in those provisions with respect to a soldier who is not his superiors in connection with his duties.

Article 349. [ Soldier of allied state] The provisions of this Chapter shall apply mutatis mutandis where the act of a soldier has been committed against a soldier of an allied State, and that State shall provide reciprocity.

Chapter XLI

Offences against the rules of conduct with the subrulers

Article 350. [ Humiliation or insult to the submaster] § 1. A soldier who degrades or insults a subdued,

shall be punished by restriction of liberty, military detention or imprisonment by the age of 2.

§ 2. The following shall be applied at the request of the victim or the commander of the unit.

Article 351. [ Office of the submaster] A soldier who strikes a subdued or otherwise violates his bodily integrity,

shall be punished by military detention or imprisonment under the age of 2.

Article 352. [ Harassment on the Sub-Lords] § 1. A soldier who abused physically or psychologically over a subdued,

shall be punished by imprisonment from 3 months to the age of 5.

§ 2. If the act referred to in § 1 is combined with the application of special cruelty, the perpetrator

shall be punished by imprisonment from the year to the years 10.

§ 3. If the effect of the act as referred to in § 1 or 2 is to bargain for the victim's own life, the perpetrator

shall be punished by deprivation of liberty from the years 2 to 12.

Article 353. [ Soldier Younger Degree] The provisions of Article 4 350-352 shall apply mutatis mutandis to a soldier who is permitted to act as defined in those provisions with respect to a soldier of a younger degree or to an equal degree with a shorter duration of military service.

Chapter XLII

Offences against the rules of handling and armament with military equipment

Article 354. [ Uncautious handling of weapons] § 1. A soldier who does not care about military weapons, ammunition, explosive material or other means of fighting, or uses them inadvertently, and by this inadvertently causes a violation of the body organ function or other person's health.

shall be punished by military detention or imprisonment up to the age of 3.

§ 2. If the result of the act referred to in § 1 is the death of another person or a heavy loss on her health, the perpetrator

shall be punished by deprivation of liberty from 6 months to the age of 8.

Article 355. [ involuntary manslaughter by a soldier] § 1. A soldier who, when driving an armored mechanical vehicle, violates any inadvertently safety rules in land, water or air traffic and causes inadvertently an accident in which another person has injured the body referred to in art. 157 § 1 or suffered material injury in the property,

shall be punished by military detention or imprisonment up to the age of 3.

§ 2. If the consequence of the accident referred to in § 1 is the death of another person or a severe injury to her health, the perpetrator

shall be punished by deprivation of liberty from 6 months to the age of 8.

§ 3. The provisions of Article 4 42 and 178 shall apply mutatis mutandis.

Chapter XLIII

Offences against the rules of duty

Article 356. [ Breach of official duty] § 1. A soldier who, after having appointed him to serve or be in service, is in breach of the obligation arising from the provision or order governing the service of the service, thus creating a direct danger of injury to which the service was designated Prevent,

shall be punished by restriction of liberty, military detention, or imprisonment up to the age of 3.

§ 2. If the consequence of the act is the damage referred to in § 1, the perpetrator

shall be punished by imprisonment from 3 months to the age of 5.

§ 3. Prosecution of the offence referred to in § 1 shall take place upon the request of the commander of the unit

Article 357. [ The state of the soldier's incarpence] § 1. A soldier who, after being assigned to service or being in service, is in a state of incarpence or a dearth of another measure,

shall be punished by restriction of liberty, military detention or imprisonment by the age of 2.

§ 2. The following shall be carried out at the request of the commander of the unit.

Chapter XLIV

Crimes against military property

Article 358. [ Arbitrary disposal of weapons] § 1. A soldier who is in an arbitrary possession of weapons, ammunition, explosive material or other means of combat,

shall be punished by military detention or imprisonment up to the age of 3.

§ 2. A soldier who is self-willing to take up arms, ammunition, explosive material or other means of struggle,

shall be punished by imprisonment from the year to the years 10.

Article 359. [ Loss Of Weapons] A soldier who, by not complying with his obligation or in exceeding the powers of protection or supervision of weapons, ammunition, explosive material or other means of fighting, causes, even inadvertently, their loss,

shall be punished by military detention or imprisonment from 3 months to the age of 5.

Article 360. [ Weapons damage] § 1. A soldier who weapons, ammunition, explosive or other means of fighting destroys, damages or makes unfit for use,

shall be punished by the fine, punishable by restriction of liberty, military detention, or imprisonment up to the age of 2.

§ 2. If the perpetrator of the act referred to in § 1 causes significant damage to his property,

shall be punished by deprivation of liberty from 6 months to the age of 8.

Article 361. [ Arbitrary use of military vessel] § 1. A soldier who uses a military aircraft or a watercraft for a purpose that is not in connection with the service,

shall be punished by imprisonment from 3 months to the age of 5.

§ 2. In case of minor weight, the offender

shall be punished by the fine, punishable by restriction of liberty, military detention or imprisonment by the year.

Article 362. [ Arbitrary use of military vehicle] § 1. A soldier who is an arbitrary use of a military mechanical vehicle with a detriment to the interests of the service or in order to achieve a property gain,

shall be punished by the fine, punishable by restriction of liberty, military detention, or imprisonment up to the age of 2.

§ 2. In case of minor weight, the offender

shall be subject to a fine or penalty of restriction of liberty.

Article 363. [ Arbitrary disposal of equipment] § 1. A soldier who is self-disposed to dispose of his equipment, in particular the subject matter of such disposal, shall pledge or use it to another person,

shall be punished by the fine, punishable by restriction of liberty or imprisonment by the year 2.

§ 2. The following shall be carried out at the request of the commander of the unit.

[ 1] On the basis of the judgment of the Constitutional Court of 17 July 2014. (OJ 992) Art. 13 § 1 in so far as it allows criminal liability for the attempted incitement to commit a prohibited act, specified in a particular part of that law, if an attempt is unsuccessfully incited to a criminal offence of the signs of incitement, is in accordance with art. 42 par. 1 in connection with art. 2 and Article 31 par. 1 in connection with art. 31 par. 3 Constitution of Poland.

[ 2] On the basis of the judgment of the Constitutional Court of 17 July 2014. (OJ 992) Art. 18 § 2 in so far as it allows criminal liability for the attempted incitement to commit a prohibited act, specified in a particular part of that law, if an attempt is unsuccessfully incited to a prohibited act of the signs of incitement, is in accordance with art. 42 par. 1 in connection with art. 2 and Article 31 par. 1 in connection with art. 31 par. 3 Constitution of Poland.

[ 3] Amendment introduced by § 1 point 14 letter a) of the Act of 20 February 2015. on the amendment of the Act-Penal Code and some other laws (Journal of Laws item. 396) was not raised, because art. § 43 § 1 was later amended by art. 1 point 2 of the Act of 20 March 2015. on the amendment of the Act-Penal Code and some other laws (Journal of Laws item. 541) and the content of this later amendment in force from 18 May 2015. it was posted in the text by the editorial board.

[ 4] Amendment of Article 49 § 2 introduced by art. 1 point 4 of the Act of 20 March 2015. on the amendment of the Act-Penal Code and some other laws (Journal of Laws item. 541), was not raised in the text by the editorial in relation to its objectionless, caused by the earlier repeal of the art. 49 whole.

[ 5] On the basis of art. 2 of the Act of 3 June 2005. on the amendment of the Act-Penal Code (Journal of Laws No. 132, item. 1109) to the acts committed before 3 July 2005. the provisions of the statute of limitations of the statute of limitations, as amended by the Law of 3 June 2005, shall apply. on the amendment of the Act-Penal Code (Journal of Laws No. 132, item. 1109), unless the statute of limitations has expired.

[ 6] On the basis of art. 2 of the Act of 3 June 2005. on the amendment of the Act-Penal Code (Journal of Laws No. 132, item. 1109) to the acts committed before 3 July 2005. the provisions of the statute of limitations of the statute of limitations, as amended by the Law of 3 June 2005, shall apply. on the amendment of the Act-Penal Code (Journal of Laws No. 132, item. 1109), unless the statute of limitations has expired.

[ 7] On the basis of the judgment of the Constitutional Court of 23 May 2005 (Journal of Laws No 96, pos. 821) art. 101 § 2 is in accordance with art. 32 par. 1 and Art. 45 par. 1 Constitution of the Republic of Poland and it is not inconsistent with art. 31 par. 3 Constitution of Poland.

[ 8] On the basis of the judgment of the Constitutional Court of 9 June 2015. (Journal of Laws pos. 845) art. 115 § 21 in the section comprising the words: "if the perpetrator acts in public and without reason, or of course for a tribune reason, by doing so by blatant disregard for the legal order", is in accordance with art. 42 par. First sentence in conjunction with Article 1 2 of the Constitution.

[ 9] On the basis of the judgment of the Constitutional Court of 6 July 2011. (Journal of Laws No 146, pos. 879) art. 135 § 2 is in accordance with art. 54 para. 1 in connection with art. 31 par. Article 3 of the Constitution of Poland and Article 10. of the Convention for the Protection of Human Rights and Fundamental Freedoms, drawn up in Rome on 4 November 1950, as amended subsequently by Protocols Nos 3, 5 and 8 and supplemented by Protocol No 2 (OJ 1993 EC, p. Nr 61, pos. 284; z późn. zm.).

[ 10] Article 165a, as set out by Article 16 (5), 1 point 1 of the Act of 9 October 2015. on the amendment of the Act-Penal Code and some other laws (Journal of Laws item. 1855). The amendment came into force on 13 February 2016.

[ 11] On the basis of the judgment of the Constitutional Court of 9 October 2001. (Journal of Laws No 118, pos. 1272) art. 191 § 1 is in accordance with art. 30 in connection with art. 2 of the Constitution.

[ 12] On the basis of the judgment of the Constitutional Court of 6 October 2015. (Journal of Laws pos. 1632) art. 196, in so far as it penalises the insult of religious feelings of others by the public insulting the subject of religious worship, punishable by the fine:

(a) is in accordance with the Article 42 par. 1 in connection with art. (2)

(b) is not incompatible with the Article. 53 (1) 1 in connection with art. 54 para. 1 Constitution of Poland

(c) is in accordance with the Article 54 para. 1 in connection with art. 31 par. 3 Constitution of Poland.

[ 13] On the basis of the judgment of the Constitutional Court of 12 February 2015. (Journal of Laws pos. 234) Art. 226 § 1, in so far as it penalises the insult of a public servant not made publicly, is in accordance with art. 54 para. 1 in connection with art. 31 par. 3 Constitution of Poland.

[ 14] On the basis of the judgment of the Constitutional Court of 9 June 2010. (Journal of Laws No 117, pos. 790) art. § 231 § 1 is in accordance with art. 42 par. 1 Constitution of Poland.

[ 15] On the basis of the judgment of the Constitutional Court of 25 February 2014. (Journal of Laws pos. 268) art. 256 § 1 in the section comprising the phrase "inciting hatred", is in line with art. 42 par. 1 and Art. 2 and Article 54 para. 1 in connection with art. 31 par. 3 Constitution of Poland.

[ 16] On the basis of the judgment of the Constitutional Court of 19 July 2011. (Journal of Laws No 160, pos. 964) art. 256 § 2 in so far as it provides for the criminalisation of the production, perpetuation or import, acquisition, storage, holding, presentation, transport or transfer-for the purpose of dissemination-of printing, recording or other subject matter containing the content referred to in Article 256 § 1 is in accordance with art. 42 par. 1 in connection with art. 54 para. 1 and Art. 2 of the Constitution.

[ 17] On the basis of the judgment of the Constitutional Court of 19 July 2011. (Journal of Laws No 160, pos. 964) art. 256 § 2 in the words: "or which is a carrier of fascist, communist or other totalitarian symbolism" is incompatible with the art. 42 par. 1 in connection with art. 54 para. 1 and Art. 2 of the Constitution.

[ 18] On the basis of the judgment of the Constitutional Court of 19 July 2011. (Journal of Laws No 160, pos. 964) art. 256 § 3 is in accordance with art. 42 par. 1 in connection with art. 54 para. 1 and Art. 2 and Article 54 para. 1 in connection with art. 31 par. 3 Constitution of Poland.

[ 19] On the basis of the judgment of the Constitutional Court of 21 October 2014. (Journal of Laws pos. 1459) art. 278 § 5 of this Act and art. 57 (1) 1 point 1 of the Act of 10 April 1997. -Energy law (Dz. U. 2012 r. items 1059, with late. (m) to the extent that they allow the same natural person to be used simultaneously for the same act of illegally taking electricity, criminally responsible for the offence of stealing energy from the art. 278 § 5 of this Act and the fees provided for in art. 57 (1) 1 point 1 of the Act-Energy Law, are in accordance with art. 2 of the Constitution.

[ 20] Article 299 (1), in the version set by the Article. 1 point 2 (a) a) of the Act of 9 October 2015. on the amendment of the Act-Penal Code and some other laws (Journal of Laws item. 1855). The amendment came into force on 13 February 2016.

[ 21] Art. 299 § 6a added by art. 1 point 2 (a) b) of the Act of 9 October 2015. on the amendment of the Act-Penal Code and some other laws (Journal of Laws item. 1855). The amendment came into force on 13 February 2016.