The Council of Ministers adopted a Ministry of Justice bill on Tuesday, November 10, that toughens penalties for organizing illegal border crossings – up to 20 years in prison where the outcome is a person’s death.
The government bill amending the Criminal Code and the Petty Offences Code was prepared by the Ministry of Justice. After Tuesday’s cabinet meeting, government spokesperson Adam Szłapka confirmed the adoption of the document. The bill will now go to the Sejm.
Three new types of offence
Today, organizing illegal border crossings into Poland for others carries a penalty of 6 months to 8 years in prison, regardless of the perpetrator’s motivation and consequences. The bill adds three qualified types to Article 264 of the Criminal Code:
- acting to obtain a financial or personal benefit – from 1 to 10 years in prison,
- endangering the lives or health of many people – from 2 to 12 years,
- causing a person’s death – from 3 to 20 years.
Fines from PLN 500
The bill also raises the lower limit of the fine for the petty offence of illegal border crossing (Article 49a of the Petty Offences Code) from PLN 20 to PLN 500.
Harsher penalties for assaulting an officer
The amendment also includes a change concerning active assault on a public official. The elements of this offence are to be supplemented with “acting in another way that directly threatens life”. According to the ministry, this would allow classifying as active assault, among other things, deliberately running over a police officer with a car or attacking with a paving stone.
No penalties for humanitarian aid
The adopted version does not include the previously discussed idea of punishing disinterested help to migrants. We reported that the Ministry of Interior and Administration (MSWiA) backed away from penalties for helping migrants after a wave of criticism, including from the Commissioner for Human Rights (RPO) and the Ministry of Family. That idea concerned penalties of up to three years in prison.
The government’s adoption of the bill does not mean the provisions enter into force – they require passage by the Sejm and Senate and the president’s signature.
