For sections of the Polish Penal Code that deal with the different categories of assault, including the punishment accorded each, please see the chapters excerpted and attached to this response. In July 2003, article 157 was amended to include the prohibition of bodily harm to children (Poland 6 June 1997 [11 July 2003]). The article also stipulates that such an offence is punishable by a term of imprisonment not exceeding two years (ibid.). No other changes to the excerpted articles were made in the July 2003 amended version (ibid.).

Citing Article 72 of the Polish Penal Code (which is attached), the First Counsellor and Consul at the Embassy of the Republic of Poland, in Ottawa, stated that when a person is placed on probation, the court decides upon the terms and conditions (18 Nov. 2003; Poland 6 June 1997 [11 July 2003]; ibid. 6 June 1997). While a condition of probation may be the prohibition of travel out of Poland, this is not automatic and is not a standard condition of probation for all offenders (also see Article 73 of the Penal Code) (Embassy of the Republic of Poland 18 Nov. 2003; Poland 6 June 1997 [11 July 2003]; ibid. 6 June 1997). In cases where this condition is imposed, however, the Counsellor indicated that according to Articles 6(3) and 6(1) of the Polish Passport Act, the court will order the passport authorities to prevent the issuance of a passport to the offender in question; in cases where a passport has already been issued, the passport authorities are ordered to invalidate it (Embassy of the Republic of Poland 18 Nov. 2003; Poland n.d. [22 July 2002]). The Counsellor also cited Article 75(2) of the Penal Code, which indicates that a failure to comply with any of the terms and conditions of probation will result in the withdrawal of the probation and a reinstatement of the original sentence (Embassy of the Republic of Poland 18 Nov. 2003; Poland 6 June 1997 [11 July 2003]; ibid. 6 June 1997).

According to information provided by an attorney with a civil and criminal law practice in Ruda Slaska, province of Slask, Poland, in a 17 November 2003 telephone interview, a Polish citizen who leaves Poland while subject to a suspended one-year sentence and two-year probation period for assault, will not face any consequences or punishment for leaving the country. Persons who are on probation enjoy freedom of movement; they are not required to periodically report to a probation officer or any law enforcement agency (Attorney 17 Nov. 2003). The one condition always imposed on persons on probation is that the offender observes the legal order and does not commit any other offences (ibid.).

The only exception to this lies in cases where the public prosecutor specifically requests the court to impose the obligation to report to a probation officer as a condition of the probation, though this is highly uncommon, or the prosecutor asks the court to prohibit the offender from travelling out of the country (in such cases, passports are usually confiscated) (ibid.). However, such requests are extremely rare and only tend to be made in exceptional cases (ibid.).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.

References

Attorney-at-law, Ruda Slaska, Poland. 17 November 2003. Telephone interview.

Embassy of the Republic of Poland, Ottawa. 18 November 2003. Telephone interview with the First Counsellor and Consul.

Poland. n.d. [amended 22 July 2002]. Ustawa o Parzportach [Passport Act]. Received from the Embassy of the Republic of Poland, Ottawa, 20 November 2003.

_____. 6 June 1997 [amended 11 July 2003]. Kodeks Karny [Penal Code]. Received from the Embassy of the Republic of Poland, Ottawa, 5 November 2003.

_____. 6 June 1997. The Penal Code. General Part. Translation. (Academy of European Law) http://www.era.int/domains/corpus-juris/public_pdf/polish_penal_code1.pdf [Accessed 22 Oct. 2003]

Additional Sources Consulted

Dialog/WNC

IRB Databases

Internet sources, including:

BBC

National Criminal Justice Reference Service

Radio Free Europe/Radio Liberty (RFE/RL)

Rzeczpospolita [Warsaw, in Polish]

United Nations Criminal Justice Network

WorldNews

Attachments

Poland. 6 June 1997. The Penal Code. General Part Translation. (Academy of European Law) http://www.era.int/domains/corpus-juris/public_pdf/polish_penal_code1.pdf [Accessed 22 Oct. 2003]

Poland. 6 June 1997. The Penal Code. Special Part: Chapters XVI-XXV. Translation. (Academy of European Law) http://www.era.int/domains/corpus-juris/public_pdf/polish_penal_code2.pdf [Accessed 22 Oct. 2003]

Poland. 6 June 1997. The Penal Code. Special Part: Chapters XXVI-XXXVII. Translation. (Academy of European Law) http://www.era.int/domains/corpus-juris/public_pdf/polish_penal_code3.pdf [Accessed 22 Oct. 2003]