In common understanding, the terms „helper” and „supporter” are often used interchangeably, although in legal language they mean two completely different crimes.
Under the Criminal Code, an assistant is a person who „facilitates the commission of the crime through their behavior, in particular by providing a tool, means of transportation, giving advice or information” (Article 18 §3 of the Criminal Code). It is worth noting that liability for aiding and abetting can also be incurred when there is no element of active participation in the commission of the crime. Liability arises when, contrary to the legal, specific obligation to prevent the commission of a prohibited act, a given person, through their omission, facilitates the commission of the act by another person.
An assistant may be held criminally liable even at the same level as the main perpetrator, because the court imposes a penalty for aiding and abetting within the limits of the penalty provided for perpetration (Article 19 §1 of the Criminal Code).
Aiding and abetting, along with instigation and perpetration, is one of the three phenomenal forms of the crime. Supporting, on the other hand, is one of the crimes against the administration of justice.
An accomplice will therefore be a person who hinders or thwarts criminal proceedings by helping the perpetrator of a crime to avoid criminal liability, in particular someone who conceals the perpetrator, creates false evidence, erases the traces of the crime, including a fiscal crime, or serves a sentence for the convicted person (Article 239 §1 of the Criminal Code).
The crime of accompaniment is punishable by imprisonment from 3 months to 5 years. However, if accompaniment consists in hiding a person who is closest to the perpetrator, the perpetrator will not be subject to punishment (Article 239 §2 of the Criminal Code). However, this does not mean that his or her actions will not constitute a crime.
In addition, the Criminal Code provides for the possibility of extraordinary mitigation of punishment or even refraining from imposing it. The condition is that the assistance is provided to the closest person (within the meaning of Article 115 §11 of the Criminal Code) or results from fear of criminal liability threatening the accomplice or his or her closest (Article 239 §3 of the Criminal Code). However, the court is not obliged to mitigate the punishment.
As you can see, despite their almost identical meaning in everyday language, aide and supporter are two different crimes under Polish law. It is therefore worth noting the differences between them, if only to fully understand media messages
