In art. 41a § 1 of the Criminal Code, regarding the possibility of applying specific penal measures, the phrase „violent crime” appears. The way it is understood has become the subject of a resolution of the Supreme Court of March 31, 2021, file ref. I KZP 7/20, in which the court found that violence can be understood as both physical and psychological violence.
Sebastian K. was convicted by a court of first instance for abusing family members and failing to comply with the imposed penal measures, to a penalty of eight months’ imprisonment. Penal measures under Art. 41A § 1 of the Criminal Code. The judgment was appealed by the defense and the prosecutor, but only with regard to the application of penal measures. This case, as a court of second instance, was dealt with by the District Court in Tarnów, which decided to refer to the Supreme Court a legal issue requiring a fundamental interpretation of the act. That court asked the question:
„Is the content of Art. 41a § 1 of the CC the phrase „violent crime” means crimes which by statute include violence (use / use of violence) or crimes that were actually committed with the use of violence, and in this case, whether the term „violence” which is part of the phrase means only physical violence, or also violence in some other form, especially psychological? „
In this case, the Supreme Court decided to pass a resolution by a panel of three judges. The court found that “A violent crime within the meaning of Art. 41a § 1 of the Criminal Code is any crime that was actually committed with the use of violence, and the word “violence” used in this provision includes both physical and mental violence ”(Database of Supreme Court Rulings).
This means that the punitive measures provided for in Art. 41a § 1 of the Criminal Code may be applied not only in the event of committing crimes whose statutory features include violence, but also for any crime in the commission of which such violence was actually used. The Supreme Court thus upheld the sentence expressed in the resolution of 23 October 2002 I KZP 33/02 (OSNKW 2002 / 11-12 / 93). Moreover, it can also be psychological, not just physical. Such an interpretation positively influences the level of protection of crime victims, which was also emphasized by the Supreme Court. This will allow for a much better care for the position of the victims and will reduce the impunity of the perpetrators. Such an understanding also guarantees that the interpretation of the said provision complies with Art. 2 of the Act on Counteracting Domestic Violence (Journal of Laws of 2020, item 218, as amended), which also refers to harm and psychological harm.
