Criminal liability of a Pole for acts committed abroad

Can a Polish national be held criminally liable in Poland for an offense committed abroad?

Answering this question requires explaining what counts as the place where a prohibited act was committed, and which rules govern the territorial reach of Polish criminal law.

The place where a prohibited act is committed

The event giving rise to criminal liability can span a wider area, and its effects can occur in different places. The Polish legislature has addressed this directly in the Criminal Code (Kodeks karny, KK).

Under Article 6 § 2 of the Polish Criminal Code, a prohibited act is deemed to have been committed at the place where the perpetrator:

• acted, or
• failed to act when under a duty to do so, or
• where the effect constituting an element of the prohibited act occurred, or
• was intended by the perpetrator to occur.

This wording allows an act to be attributed to several places at once. In other words, the same act can, in the legal sense, be treated as having been committed both in Poland and abroad.

The rules governing the territorial reach of Polish criminal law

The principle of territoriality

The basic rule governing the application of Polish criminal law is the principle of territoriality. It means that the Polish Criminal Code applies to acts committed:

• on the territory of the Republic of Poland,
• on board a Polish vessel,
• on board a Polish aircraft.

It makes no difference whether the perpetrator is a Polish citizen or a foreign national. If none of the places where the act was committed is Poland, or a Polish vessel or aircraft, the offense is treated as having been committed abroad.

The personality principle

Where the principle of territoriality cannot be applied, the personality principle becomes decisive. It provides that the Polish Criminal Code applies to Polish citizens even where the act was committed outside Poland’s borders. Polish citizenship is the key criterion here - it makes no difference whether the person concerned also holds another nationality.

This principle is not, however, absolute. It is limited by the so-called dual criminality requirement - the act must be recognized as an offense both in Poland and in the country where it was committed. If the act is not penalized there, Polish criminal law cannot, as a rule, be applied. This requirement does not, however, apply to, among others, a Polish public official who has committed an offense abroad in connection with their service there, or to the offenses listed in Article 112 KK - for example, offenses against the security of the Republic of Poland, against Polish public offices or public officials, or against essential Polish economic interests.

Conflicts between Polish law and the law of the country where the act was committed

Extending Polish criminal law to acts committed abroad means that different legal systems can overlap. As a result, a perpetrator may be held liable both abroad and in Poland. In such cases, international cooperation and the rules on extradition and the mutual recognition of criminal judgments become decisive.

FAQ

1. Can a Polish citizen be tried in Poland for an offense committed abroad?

Yes. As a rule, the act must be punishable both in Poland and in the country where it was committed (the dual criminality requirement), but there are exceptions to this requirement (including under Article 111 § 3 and Article 112 KK).

2. What if a Polish national commits an act abroad that is not an offense in that country?

As a rule, a Polish court cannot then impose a penalty, because the dual criminality requirement is not met. The exceptions include offenses committed by a Polish public official in connection with their service abroad, and the offenses listed in Article 112 KK, to which Polish criminal law applies irrespective of the law of the place where the act was committed.

3. Can a Polish national be punished in two countries for the same act?

Yes. If both countries treat the act as an offense and decide to prosecute it, dual liability can arise.