Criminal measures are:
deprivation of public rights,
Deprivation of public rights includes the loss of active and passive electoral rights to a public authority, a professional or economic self-government body, the loss of the right to participate in the administration of justice and to perform functions in state organs and institutions and territorial or professional self-government, as well as the loss of a military rank and returning to the rank of rank; deprivation of public rights also includes the loss of orders, decorations and honorary titles and the loss of the ability to obtain them during the period of deprivation of rights. The court may order deprivation of public rights in the event of a conviction to imprisonment for not less than 3 years for an offense committed as a result of motivation deserving special condemnation.
Deprivation of public rights is declared in the years from one to 10 years.
a ban on holding a specific position, exercising a specific profession or carrying out a specific economic activity,
The court may order a ban on occupying a specific position or exercising a specific profession if the perpetrator has abused a position or practicing profession when committing an offense or has proved that continuing to occupy a position or exercising a profession threatens essential goods protected by law. The court may impose a ban on conducting specific economic activity in the event of a conviction for an offense committed in connection with conducting such activity, if its continuation threatens the essential goods protected by law
The court may order a ban on holding any or certain positions, performing any or certain professions or activities related to upbringing, education, treatment or custody of minors for a limited period of time or for life in the event of a conviction to imprisonment for an intentional crime against life or health to the detriment of the minor. The court prohibits taking any or certain positions, performing any or certain professions or activities related to upbringing, education, treating or caring for minors for a definite period of time or for life in the event of a conviction for an offense against sexual freedom or decency to the detriment of the minor.
The ban is issued in the years from one to 10 years.
a ban on carrying out activities related to the upbringing, treatment, education of or the care of minors,
The court may impose a prohibition on taking any or certain positions, performing any or certain professions or activities related to upbringing, education, treatment or care of minors, forever in the event of a conviction to imprisonment for an offense against sexual freedom or decency. minor. The court rules such a ban forever if the perpetrator is convicted again.
The ban is issued in the years from one to 15 years.
the obligation to refrain from staying in certain environments or places, a ban on contacting certain persons or a ban on leaving a specific place of residence without the consent of the court,
The court may order an obligation to refrain from staying in certain environments or places, a ban on contacting certain persons or a ban on leaving a specific place of residence without the consent of the court in the event of a conviction for an offense against sexual freedom or decency to the detriment of a minor and in the event of a conviction for an intentional crime of the use of violence, including violence against a loved one; the obligation or prohibition may be combined with the obligation to report to the Police or other designated authority at specified intervals. The court decides to refrain from staying in certain environments or places, a ban on contacting certain persons or a ban on leaving a specific place of residence without the consent of the court in the event of a conviction to imprisonment without conditional suspension of its execution for an offense against sexual freedom or decency to the detriment of a minor ; the obligation or prohibition may be combined with the obligation to report to the Police or other designated authority at specified intervals. The court may impose an obligation to refrain from staying in certain environments or places, a ban on contacting certain persons or a ban on leaving a specific place of residence without the consent of the court forever in the event of a conviction of the perpetrator again.
The obligation is issued in years from one to 15 years.
driving ban,
The court may impose a ban on driving vehicles of a particular type in the event of a conviction of a person participating in traffic for an offense against safety in communication, in particular if the circumstances of the crime show that driving a vehicle by that person threatens the safety of communication. The court prohibits driving any motor vehicles or motor vehicles h of a specific type, if the perpetrator was intoxicated at the time of the offense, under the influence of a narcotic drug or escaped from the place of the event specified in art. 173, 174 or 177.
The court rules a ban on driving all motor vehicles in the event of a conviction for an offense specified in:
- Article. 178b or art. 180a;
- Art. 244, if the perpetrator's act consisted of non-compliance with the driving ban.
The court may order a ban on driving all motor vehicles forever if the perpetrator at the time of committing the offense specified in art. 173 or 174, which results in the death of another person or serious damage to his health, or during the commission of the offense specified in art. 177 § 2 or in art. 355 § 2 was intoxicated, under the influence of a narcotic drug or escaped from the scene of the incident. The court prohibits driving any motor vehicle forever in the event of a subsequent conviction of a person driving a motor vehicle in these conditions.
The ban is issued in the years from 1 to 10 years. When imposing the ban, the court imposes an obligation to return the document authorizing to drive the vehicle; until the obligation has been fulfilled, the period for which the ban has been imposed does not run
forfeiture
The court shall order the forfeiture of items directly derived from crime. The court may order, and in the cases specified in the Act, forfeiture of items that served or were intended to commit a crime. If the forfeiture order would be disproportionate to the seriousness of the act committed, instead of forfeiture, the court may order an interest in favor of the Treasury. If the decision of forfeiture is not possible, the court may order the forfeiture of the equivalent of items derived directly from the crime or items that were or were intended to commit the crime. Items are not forfeited if they are returned to the injured party or other authorized entity. In the event of a conviction for an offense involving the violation of the prohibition on the manufacture, possession, circulation, transmission, transfer or transport of certain items, the court may order, and in the cases provided for in the Act, rule on their forfeiture. If the items are not the property of the perpetrator, their forfeiture can be ordered only in the cases provided for in the Act; in case of joint ownership, the perpetrator's share shall be forfeited or the equivalent of that share shall be forfeited. Items forfeited become the property of the Treasury as soon as the judgment becomes final.
If the perpetrator obtained from committing the crime, even indirectly, a non-forfeited property benefit, the court shall order the forfeiture of such benefit or its equivalent. Forfeiture shall not be ruled in whole or in part if the benefit or its equivalent is refundable to the injured party or another entity. In the event of a conviction for an offense from which the perpetrator has obtained, even indirectly, a material benefit of considerable value, it is considered that the property which the perpetrator assumed or for which he obtained any title during the commission of the offense or until it was committed, until of an unlawful judgment, constitutes a benefit obtained from committing the offense, unless the perpetrator or other interested person presents evidence to the contrary. If the circumstances of the case indicate a high probability that the perpetrator has transferred to a natural person, legal person or organizational unit without legal personality, in fact or under any legal title, property constituting the benefit obtained from committing the crime, it is considered that the things being in its own possession or units and its property rights belong to the perpetrator, unless the interested person or organizational unit provides proof of their lawful acquisition. In the case of joint ownership, the perpetrator's share shall be forfeited or the equivalent of that share shall be forfeited. The financial advantage or forfeiture subject to forfeiture becomes the property of the Treasury as soon as the judgment becomes final.
In the event of a conviction for an offense bringing a financial advantage to a natural or legal person or an organizational unit without legal personality, and committed by an offender acting on its behalf or interest, the court shall oblige the entity which obtained the financial advantage to return it in whole or in part to The treasury; this does not apply to any financial benefit that is refundable to another entity.
obligation to repair damage,
In the event of a conviction for the crime of causing death, serious damage to health, violation of bodily organ or health disorder, crime against security in communication, crime against the environment, property or economic turnover or crime against the rights of persons engaged in gainful employment, court, at the request of the injured party or another authorized person, declares the obligation to repair the damage caused in full al because in part; the provisions of civil law on limitation of the claim and the possibility of awarding a pension shall not apply. Instead of the obligation to repair the damage, the court may order a victim to pay compensation for serious bodily injury, bodily injury, health disorder, as well as for harm suffered.
Injunctive,
cash benefit,
By departing from the penalty, as well as in the cases specified in the Act, the court may order a cash benefit as specified in art. 39 point 7 for an institution, association, foundation or social organization, entered on the list kept by the Minister of Justice, whose basic task or statutory goal is to provide benefits for a specific social purpose, directly related to the protection of the infringed or threatened good, for which the perpetrator was convicted , intended for this purpose; this benefit may not exceed PLN 20,000.
§ 2. In the event of a conviction of an offender for an offense referred to in Article 178a the court may order a cash benefit as mentioned in art. 39 point 7 for an institution, association, foundation or social organization referred to in art. 47 § 3, for the purpose directly related to providing assistance to persons injured in traffic accidents; this benefit may not exceed PLN 60,000
making the judgment public.
The court may order the judgment to be made public in a specific manner if it deems it appropriate, in particular due to the social impact of the conviction, provided that this does not infringe on the victim's interest
deprivation of parental rights
The court, deeming it expedient to order deprivation or limitation of parental or guardianship rights in the event of a crime being committed to the detriment of the minor or in cooperation with him, notifies the competent family court.
[Legal status as at April 2020]