'National penalties - maximum penalty' in document 'Poland - Criminal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

SPECIAL PART

Chapter XVI. Offences against peace, and humanity, and war crimes

Article 117.

§ 3. Whoever publicly incites to initiate a war of aggression shall be subject to the penalty of the deprivation of liberty for a term of between 3 months and 5 years.

SPECIAL PART

Chapter XVI. Offences against peace, and humanity, and war crimes

Article 118. § 1. Whoever, acting with an intent to destroy in full or in part, any ethnic, racial, political or religious group, or a group with a different perspective on life, commits homicide or causes a serious detriment to the health of a person belonging to such a group,
shall be subject to the penalty of the deprivation of liberty for a minimum term of 12 years, the penalty of deprivation of liberty for 25 years or the penalty of deprivation of liberty for life.

SPECIAL PART

Chapter XVI. Offences against peace, and humanity, and war crimes

Article 118.

§ 2. Whoever, with the intent specified under § 1, creates, for persons belonging to such a group, living conditions threatening its biological destruction, applies means aimed at preventing births within this group, or forcibly removes children from the persons constituting it,
shall be subject to the penalty of the deprivation of liberty for a minimum term of 5 years or the penalty of deprivation of liberty for 25 years.

SPECIAL PART

Chapter XVI. Offences against peace, and humanity, and war crimes

Article 118.

§ 3. Whoever makes preparation to commit the offence specified under § 1 or 2, shall be subject to the penalty of the deprivation of liberty for a minimum term of 3 years.

SPECIAL PART

Chapter XVI. Offences against peace, and humanity, and war crimes

Article 122. § 1. Whoever, in the course of warfare, attack an undefended locality or a facility, hospital zone or uses any other means of warfare prohibited by international law,
shall be subject to the penalty of the deprivation of liberty for a minimum term of 5 years, or the penalty of deprivation of liberty for 25 years.

SPECIAL PART

Chapter XVI. Offences against peace, and humanity, and war crimes

Article 123.

§ 2. Whoever, in violation of international law, causes the persons specified under § 1 to suffer serious detriment to health, subjects such persons to torture, cruel or inhumane treatment, makes them even with their consent the objects of cognitive experiments, , uses their presence to protect a certain area or facility, or armed units from warfare, or keeps such persons as hostages
shall be subject to the penalty of the deprivation of liberty for a minimum term of 5 years or the penalty of deprivation of liberty for 25 years.

SPECIAL PART

Chapter XVI. Offences against peace, and humanity, and war crimes

Article 124. Whoever, in violation of international law, forces the persons specified under Article 123 § 1 to serve in enemy armed forces, resettles them, uses corporal punishment, deprives them of liberty or of the right to independent and impartial judicial proceedings, or restricts their right to defence in criminal proceedings,
shall be subject to the penalty of the deprivation of liberty for a minimum term of 3 years.

SPECIAL PART

Chapter XVI. Offences against peace, and humanity, and war crimes

Article 125. § 1. Whoever, in an area occupied, taken over or under warfare, in violation of international law, destroys, damages or removes items of cultural heritage
shall be subject to the penalty of the deprivation of liberty for a term of between 1 and 10 years.

SPECIAL PART

Chapter XVI. Offences against peace, and humanity, and war crimes

Article 125.

§ 2. If the act pertains to an item of particular importance to cultural heritage, the perpetrator
shall be subject to the penalty of the deprivation of liberty for a minimum term of 3 years.

SPECIAL PART

Chapter XVI. Offences against peace, and humanity, and war crimes

Article 126. § 1. Whoever, in the course of warfare, illegally uses the emblem of the Red Cross or Red Crescent,
shall be subject to the penalty of the deprivation of liberty for a minimum term of 3 years.

SPECIAL PART

Chapter XXX. Offences against the Administration of Justice

Article 232. Whoever, by using violence or an illegal threat influences the official functions of a court of justice
shall be subject to the penalty of deprivation of liberty for a term of between 3 months and 5 years.

SPECIAL PART

Chapter XXX. Offences against the Administration of Justice

Article 233. § 1. Whoever, in giving testimony which is to serve as evidence in court proceedings or other proceedings conducted on the basis of a law, gives false testimony or conceals the truth
shall be subject to the penalty of deprivation of liberty for up to 3 years.

§ 2. The prerequisite to this liability is that the person obtaining the testimony, acting within his competence, shall have warned the person testifying of the penal liability for false testimony or obtained a relevant pledge from the latter.

§ 3. Whoever, being unaware of the right to refuse testimony or answer to questions, gives false testimony because of fear of penal liability threatening himself or his next of kin, shall not liable to the penalty.

§ 4. Whoever, acting as an expert, expert witness or translator, provides a false opinion or translation to be used as in proceedings specified in § 1
shall be subject to the penalty of deprivation of liberty for up to 3 years.

§ 5. The court may apply an extraordinary mitigation of the penalty, or even waive its imposition if :
1) the false testimony, opinion or translation concerns circumstances which cannot
affect the outcome of the case,
2) the perpetrator voluntarily corrects the false testimony, opinion or translation
before even a decision which is not final and valid has been rendered in the
case.

§ 6. The provisions of § 1-3 and 5 shall be applied accordingly to a person providing a false statement if a provision of a law provides for the possibility of obtaining a statement under the threat of penal liability.

SPECIAL PART

Chapter XXX. Offences against the Administration of Justice

Article 235. Whoever, by fabricating false evidence or by other deceitful measures, directs a prosecution against a specific person for an offence, a contravention or a disciplinary transgression or undertakes such measures in the course of proceedings,
shall be subject to the penalty of deprivation of liberty for up to 3 years.

SPECIAL PART

Chapter XXX. Offences against the Administration of Justice

Article 245. Whoever uses violence or unlawful threat with a purpose of influencing a witness, expert witness, translator prosecutor or the accused or consequently breaches personal inviolability of such a person
shall be subject to the penalty of deprivation of liberty for a term of between 3 months and 5 years.

SPECIAL PART

Chapter XXX. Offences against the Administration of Justice

Article 246. A public official or anyone acting under his orders for the purpose of obtaining specific testimony, explanations, information or a statement, uses force, unlawful threat, or otherwise torments another person either physically or psychologically
shall be subject to the penalty of deprivation of liberty for a term of between 1 and 10 years.