President Andrzej Duda has signed an amendment to the Penal Code. The reform presents a new penal policy of increasing the threat of punishment, especially for offenders against life, health and sexual freedom.

The most important changes include the increase of the upper limit of imprisonment from 15 to 30 years with the simultaneous abolition of the separate punishment of 25 years in prison. The amendment introduces the penalty of so-called absolute life imprisonment without the possibility of parole. The new legislation also introduces a new type of crime – acceptance of a murder order and penalties for preparation to murder.

After the amendment, sanctions for paedophilia and other sexual offences will be enhanced. The culprit of child rape will be punishable by 5 to 30 years in prison or life imprisonment. Currently, he faces a sentence of 3 to 15 years in prison. The law also provides for an extension of the possibility of punishing juvenile perpetrators over 15 years of age as adults.

The amendment aggravates penalties for drunk drivers. The legislation provides for the confiscation of a vehicle driven by a drunk driver, or the equivalent of such a vehicle. Car confiscation will be applied in cases where the driver has at least 1.5 per mille of alcohol in his blood. The car will also be confiscated if the test shows half a per mille of alcohol and the driver causes an accident, or in a recidivist situation.

Confiscation shall not be pronounced if the offender was driving a motor vehicle not belonging to him, during professional or business activities involving driving for an employer. In such a case, the court shall adjudge an additional payment of PLN 5,000 to PLN 100,000 for the benefit of the Fund for Victims’ Aid and Post-Penitentiary Aid.

Most of the act has a three-month vacatio legis. The provisions concerning the case of vehicles are to come into force one year after publication in the Journal of Laws.

Arkadiusz Słomczyński