Criminal liability in Poland
Criminal liability is the responsibility of a person who has committed a socially dangerous act prohibited by the law in force at the time of its commission. The basic principles and structure of criminal law in Poland are similar to most Western countries, but there are some peculiarities, and it is regulated by the Criminal Code. It states that the age at which a person can be held criminally liable is 17 years. The Criminal Code of the Republic of Poland also regulates criminal prosecution procedures and trials.
Difference between a crime and a misdemeanour
The Criminal Code distinguishes between a crime and a misdemeanour. The distinction is made depending on the form of guilt and the punishment provided for in the criminal law.
A crime is a prohibited act that is punishable by imprisonment for a term of at least 3 years or a more severe penalty.
A misdemeanour is a prohibited act punishable by a fine of more than 30 daily wages or more than PLN 5,000, a sentence of restraint of liberty for more than one month or a sentence of imprisonment for more than one month.
This liability applies only to those who have committed an act punishable under the law in force at the time of its commission.
Liability for misdemeanours
When assessing the degree of social harm, the following factors are taken into account
- the type and nature of the offence;
- the amount of damage caused and possible damage;
- the manner and circumstances of the act;
- form and motives of the offence.
The punishment measures are as follows:
- Arrest. It lasts for more than one month;
- Restraint of liberty. It lasts for more than one month and consists of a ban on changing the main place of residence without the consent of the court, performing public unpaid work (from 20 to 40 hours), and providing explanations for serving the sentence;
- a fine. More than 30 days, unless otherwise provided by law.
In the event that an act is both a misdemeanour and a crime, it is punishable as a misdemeanour and a crime.
Liability for a crime:
- imprisonment for a term of not less than three years;
- a fine, compensation payments or confiscation of property may be imposed along with imprisonment;
- prohibition to hold certain positions or activities. The court may impose additional restrictions on persons convicted of a crime.
It is quite clear that the Polish Criminal Code also applies to foreign nationals who commit a prohibited act against the interests of the Republic of Poland, a Polish citizen, a Polish legal entity or a Polish organisational unit without legal personality. This means that foreigners will also not be able to avoid liability for misdemeanours or crimes.
Given the distinction between misdemeanours and crimes, it is worth seeking legal advice. After all, they provide an understanding of the client's rights and obligations in the criminal process.
Our legal marketplace "Consultant" employs specialists who are well acquainted with Polish law and have experience in resolving cases related to criminal liability. You can choose a lawyer who will provide you with advice, handle your case and help you resolve issues related to criminal liability.
