Liability for crime under Art. 141 § 1 of the Criminal Code committed abroad with regard to the requirement of dual criminality

Abstract

The issue of liability for crimes committed abroad can pose many difficulties in specific cases. Examples of these difficulties are provided in Art. 141 § 1 of the Criminal Code. As a rule, this act does not fulfill the condition of double criminality and accusation of the perpetrator on the basis of the subject principle raises so many doubts that it can be concluded that the application of the Polish Crminal Act is not possible on this basis. The criminalization of behavior which, by its very nature, is most often committed abroad, with the simultaneous inability to prosecute it, seems to be a mistake of the legislator. However, a review of the literature on the subject shows little interest in this problem. It should also be noted that many of the provisions of the chapter of the Criminal Code devoted to offenses against defense do not fit the current situation when Poland is a member of NATO and the European Union, and the army is fully professional.