Kryminalizacja aktu terrorystycznego - zagadnienia wybrane

Abstract

A proposal of the introduction of changes in the penal code, which aim is the criminalisation of the terrorist act is presented in the article. The presentation of this proposal was preceded by the analysis of the principles of liability for those acts and offenses involved in the chosen foreign legislations, including the U.S.A, Great Britain, Russia and Germany. The legalisations shown here were regarded as representative for the way of penalising the acts of terrorism, first of all because of the various methods of penalisation, that allow their assessment in the aspect of eventual possible implementation of some of them in the Polish penal code. Undertaking the effort to present the necessity to make suitable changes in the penal code, the degrees of adaptation to the regulations of the materiał pena! law to the needs of fighting terrorism were considered. This came as a result of the international liabilities accepted by Poland as well the granting courts the possibility of indicating the legal qualification of the (terrorist) deed of the committed offence. The declared proposal of changes in the penal law was based on the presumption that allows the least degree of interference in the text of the legislation - the pena] code. The implemented modifications of the suitable rules, as they seem, comply with the demand. The question of whether or not and to what degree the regulations of the penal code and the petty offences code (including the extent of their completeness and the imminent penalties for the commission of a particular behaviour mentioned in them) are poised on the sanctioning of the terrorist acts but not referred to in the research.