Responsibility for the offense is subject only to those who commit a socially harmful act, prohibited by the law in force at the time of its commission under penalty of arrest, restriction of liberty, a fine of up to PLN 5,000 or reprimand. The perpetrator of an offense does not commit an offense if he cannot be attributed a fault during the act.

If, at the time of the decision, a law other than that at the time of the offense is in force, a new law shall apply, however, the previous law should be applied if it is more favorable to the perpetrator. If, according to the new act, the act covered by the judgment is no longer prohibited under pain of punishment, the punishment shall be deemed not to have occurred.

On the principles set out in this Act, the one who has committed an offense on the territory of the Republic of Poland, as well as on a Polish ship or aircraft is responsible. Liability for an offense committed abroad occurs only if a special law provides for such liability.

The misdemeanor is considered committed during the period in which the perpetrator acted or failed to act, to which he was obliged. The offense is considered to have been committed on the spot where the perpetrator acted or failed to act, to which he was obliged, or where the effect occurred or was to occur.

The offense can be committed both intentionally and unintentionally, unless the law provides for liability only for willful misconduct. An intentional offense occurs when the perpetrator intends to commit an offense, that is, wants to commit it or, anticipating the possibility of committing it, agrees. An unintentional offense occurs if the perpetrator, having no intention of committing it, commits it, however, as a result of failure to observe the caution required in the given circumstances, although the possibility of committing this act was foreseen or could have been foreseen. Unawareness that an act is punishable does not exclude liability, unless the unawareness was justified. Does not commit any intentional misconduct who remains mistaken as to the circumstances constituting the hallmark of a criminal act.

On the principles set out in this Act, he who commits an offense after reaching the age of 17 corresponds.

If the act exhausts the features of the offenses specified in two or more provisions of the Act, the provision providing for the most severe penalty shall apply, which shall not preclude the imposition of criminal measures on the basis of other infringed provisions. If, at the same time, penalties are imposed for two or more offenses, a penalty is imposed jointly within the limits of the threat specified in the provision providing for the most severe penalty, which does not preclude the imposition of criminal measures on the basis of other infringed provisions.

If the act which is an offense exhausts at the same time the features of the offense, it decides for the offense and for the offense, except that if a criminal offense and for an offense have been ordered, a punishment or a criminal offense of the same kind, a more severe punishment or a criminal measure shall be imposed. In the event of prior implementation of a lighter penalty or a criminal measure, it shall be counted against the more severe. When counting penalties, one day of arrest is considered equivalent to one day of imprisonment, two days of restriction of liberty, and a fine of PLN 20 to 150. The arrest sentence imposed for an offense is considered to be the same type of punishment as a custodial sentence. If the act being an offense for which a penalty or criminal measure has been imposed, together with another act or actions, due to the total value of the property, an offense for which a penalty or criminal measure of the same kind was imposed, a more severe penalty or penalty shall be imposed.

The penalty does not include:

1. interest if they were found in favor of various entities for an offense and for an offense;
2. the obligation to make good any damage if it has been ordered for an offense and for an offense in relation to different types of damage.

Responsible for the attempt, who with the intention of committing a criminal act through his behavior directly aims to perform it, which, however, does not occur. Responsibility for attempts occurs when the law so provides. The penalty for attempting shall be imposed within the limits of the threat envisaged for the given offense. Is not punishable for attempted, who voluntarily withdrew from the act or prevented the effect constituting the mark of a prohibited act.

Responsible for inciting who, wanting someone else to commit a criminal act, urges her to do so. Responsible for aiding, who, with the intention of another person to commit a prohibited act, facilitate their committing by their behavior, in particular by providing a tool, a means of transport, providing advice or information; is also responsible for aiding and abetting, who, contrary to the legal obligation to prevent a criminal act by omission, makes it easier for another person to commit it. Responsibility for instigators and aiding and abetting occurs when the law so provides and only if the perpetrator has committed a criminal act. Each of the parties cooperating in the commission of an offense is liable within the limits of their intent or inadvertence, irrespective of the responsibility of the other parties. Penalties for instigating or aiding and abetting are imposed within the limits of the risk for a given offense.

Does not commit an offense, who in the necessary defense repels a direct unlawful attack on any good protected by law. Does not commit an offense who acts to repeal the immediate danger threatening the good protected by law, if the danger can not otherwise be avoided, and the good devoted does not represent a value obviously greater than the good saved. This rule does not apply when the perpetrator sacrifices a good which he has a special duty to protect even from exposure to personal danger.

Does not commit an offense who, due to mental illness, mental retardation or other disruption of mental activities, was not able to recognize its significance during the act or direct its conduct. If, at the time of committing the offense, the ability to recognize the significance of the act or to conduct the proceedings was significantly limited, one may refrain from imposing a penalty or a criminal measure. These rules do not apply when the perpetrator of the offense has been drunk or intoxicated causing disabling or limiting sanity which he had anticipated or could have foreseen.

Glossary of basic terms

[Legal status as at April 2020]