Changes to the Criminal Code in 2023

On 1 October 2023, a number of changes will be introduced in Polish criminal law, in particular relating to the level of sanctions. The changes were introduced at the end of 2022 and originally provided for a three-month vacatio legis (most of the provisions were to be in force from March 2023, except for the provisions concerning the mandatory forfeiture of a motor vehicle or its equivalent, which are to come into force one year after the date of publication of the law).

The most significant changes appear to be the increase in the upper limit of imprisonment from 15 years to 30 years and the abolition of the 25-year sentence. Absolute life imprisonment without the possibility to apply for early release will also appear in the Penal Code. The criminal law will allow it in the case of committing an offence of a certain type, after a previous sentence of life imprisonment or 20 years' imprisonment, and if the nature and circumstances of the act and the perpetrator's behaviour indicate that his or her continued imprisonment may be dangerous to the life, health, liberty or sexual freedom of others.

The legislator has also provided for higher sanctions for offences such as rape, accepting bribes, robbery, as well as robbery with weapons or intentional infliction of grievous bodily harm (for the latter two types of offences, the maximum sentence will henceforth be 20 years' imprisonment).

The amendment also introduces new types of prohibited acts, i.e:

- specified in Article 148a of the CC - offence of accepting an order to kill a person in exchange for a financial or personal benefit given or promised,

- specified in Article 244c of the CC - offence of evading the fulfilment of an obligation to make good the damage or compensation for the harm suffered, or to pay restitution,

- specified in Article 148, § 5 CC - offence of preparation for murder,

- specified in Article 197(3) CC (qualified types) - an offence of rape committed with the use of a firearm, knife or other similarly dangerous object or incapacitating means or against a pregnant woman, or when the perpetrator recorded image or sound of the act.

Certainly a controversial change is the lowering of the age capacity for criminal responsibility. Juveniles who, after the age of 14 and before the age of 15, commit a criminal act defined in Article 148 § 2 or 3 of the Penal Code, will be able to be held liable according to the principles set out in the Penal Code if the circumstances of the case and the degree of development of the perpetrator, his/her personal characteristics and conditions support this and there is a justified assumption that the application of educational or corrective measures is not capable of ensuring the rehabilitation of the juvenile.

The changes introduced in criminal law are relatively broad and tend towards a stricter justice response. It should be noted that they mainly concern perpetrators of the most serious crimes. Time will tell how the changes will affect the preventive function of criminal law.