Poland

The Penal Code

GENERAL PART

Chapter II
Forms of Commission of an Offence

Article 21. § 1. Circumstances pertaining to an individual, excluding or mitigating, or aggravating
his criminal liability shall be taken into account only with regard to the person they pertain to.

§ 2. If an individual circumstance regarding the perpetrator, even if it is conducive only to
aggravation of penalty, constitutes a feature of a prohibited act, the person co-operating shall be held
liable under criminal law, for this prohibited act, when he knew about this circumstance, even though it didnot pertain to himself.

§ 3. With regard to a person co-operating to whom the circumstance referred to under § 2 does
not apply, the court may apply extraordinary mitigation of punishment .

Article 22. § 1. When the commission of an prohibited act was only attempted, the subject
specified in Article 18 §§ 2 and 3 shall be liable as for an attempt.

§ 2. When the commission of a prohibited act was not attempted, the court may apply
extraordinary mitigation of punishment or even renounce the imposition of the penalty.

Article 23. § 1. A person co-operating in the perpetration of an prohibited act, who voluntarily
prevented its perpetration shall not be liable for penalty.

§ 2. The court may apply extraordinary mitigation of punishment with regard to a person co-
operating in perpetration, who voluntarily tried to prevent the perpetration thereof.

Keywords

Sentencing - national proceedings
Determination of sentence - national proceedings



EDIT.