ATTENTION!!! Automatic translation from Polish
The offense under Article 223a of the Penal Code involves publicly inciting the disclosure of information about the private lives of officers of an authority responsible for protecting public safety or officers of the Prison Service (and not only, as this also applies to their immediate family members).
It is worth emphasizing that the provision of the article does not apply solely to officers of an authority responsible for protecting public safety or officers of the Prison Service performing active duty, but also to retired officers. However, in such a case, a connection must be made between their previous activities performed while on duty.
In this case, the legally protected good, i.e., the tangible or intangible good that is positively valued by society, is the personal safety of officers (as defined in Article 115 §13 item 7 of the Penal Code) performing duties in the public interest and the constitutional order. In times of constantly evolving digitalization, the most common place to encounter the crimes under Article 223a of the Penal Code is the internet, and especially social media. Furthermore, individuals often believe that they remain unpunished in the digital world, but nothing could be further from the truth, as their behavior (considered a prohibited act) is punishable by imprisonment of up to three years.
Article 223b of the Penal Code pertains to the personal sphere of an officer of an authority responsible for protecting public safety, as it involves disclosing information about their private life that poses a potential threat to their safety or that of a loved one.
This provision is crucial for ensuring a comfort zone and a sense of peace for the families of certain officers, as they may be even more vulnerable to violations of their private integrity. Due to their professional activities closely linked to combating crime, officers of an authority responsible for protecting public safety or the Prison Service are highly vulnerable to retaliatory actions.
The subject of protection, similar to Article 223b of the Penitentiary Code, is subject to retaliatory action. Article 223a of the Penal Code defines the legal interest as personal safety and the protection of the state. The individual interest that is subject to protection includes privacy – understood not only as their personal life, but also as an area relevant to their personal security. This includes, among other things, the protection of personal data, residential address, family information, and daily habits. In turn, the public interest involves ensuring the efficient operation of state services responsible for public safety and order. To achieve this goal, it is necessary to protect them from the disclosure of information that may expose them to risk.
The introduction of criminal provisions penalizing the publication of private data of officers (as defined in Article 115 §13 item 7) in situations that may pose a threat to their health or life is intended to prevent so-called intimidating pressure – regardless of whether it originates from criminal groups or ideologically inspired actions.
