By crossing the border in the case law of the universal courts, any crossing of the borders of Poland is understood. This activity can be carried out by land, water and air. In assessing the legality of the breach, account should be taken of the content of the State Border Protection Act of 12 October 1990 (i.e. by day 30 August 2019 , Journal of Laws of 2019, item 1776), which regulates this issue in the chapter 3 that bill.
Crossing the border is carried out in violation of the provisions, in particular when an unauthorised place is carried out, outside the border crossing, and where the person crossing the Polish border does not have the necessary documents.
Illegal crossing isn't always a crime.
Illegal crossing of the borders of Poland, depending on the specific circumstances of the act, may constitute misconduct or misconduct. By assessing the abstract social harm of the conduct in question, the legislator therefore considered that its level was not always high enough to be regarded as a criminal offence each time.
Not all illegal entry into Poland constitutes a criminal offence in the light of applicable law. In situations where the perpetrator acts alone or together with one person, without violence, threat or deception, such conduct is merely a violation
As a basic rule which penalises the conduct under Polish law, Article 49a(1) The Code of Exterminations (hereinafter: k), according to which whoever crosses the border of the Republic of Poland is subject to a fine.
This provision should be read taking into account the content of its counterpart, and this Article 264(2) Criminal Code (hereinafter: k.k.).
This article states that who, contrary to regulations, crosses the border of the Republic of Poland, using violence, threats, deception or in cooperation with other persons, is subject to imprisonment for up to years 3.
Abuse of Article 49a(1) k.w. can be considered as a kind of basic type of prohibited act, while a crime with Article 264(2) k.k. for the type of qualified which is applicable when the perpetrator performs the verb mark of illegal crossing the border, simultaneously fills the modal features – the use of violence, threats, deception or interaction with other persons.
Of course, this assessment will change if the person entering Poland illegally uses violence, threats or deception. In such a case, the prohibited act by her will qualify as an offence from Article 264(2) k., whether alone or with other people.
Co-operation with illegal border crossing
To understand the scope of the hypothesis Article 49a(1) The importance of modal interaction with other people from Article 264(2) k.k. If a crime with Article 264(2) k.k.
may be committed in the event of cooperation with other persons, such that crossing the border by one or two persons acting jointly and in agreement does not constitute a criminal offence under the applicable law but only a violation.
The use by the legislator of the term "co-operation with other persons" requires that the accomplices be not less than three. By way of derogation, it must be pointed out that, given the general principles of co-operation in criminal law, not all those involved in the crime must personally cross the borders.
An agreement between the co-operating parties may assume that the role of some people is limited to taking steps to facilitate the crossing of the border. Such action will be sufficient to fulfil the criteria Article 264(2) k.k. on condition, however, that these ‘helpful’ activities are subject to the execution of the offence.
Otherwise, the aid will constitute aid from Article 18(3) k. and not the co-operation referred to in Article 18(1) k.k.
In the perspective Article 49a(1) Please note that according to the content Article 49a(2) The attempt and assistance for this offence are punishable.
Penalisation of aid for illegal border crossing
Polish laws, in addition to acts involving unlawful border crossing, also penalize the organisation of other persons illegally crossing the border of the Republic of Poland. According to Article 264(2) k.k. such an act is prohibited by the penalty of imprisonment from 6 months to years 8.
In view of the use of the word "persons" in plural in the law, the perpetrator must organise a border crossing for at least two persons to commit the offence. In the order of 22 November 2016, reference no.
IV KK 362/16 The Supreme Court explained that organizing should be understood as carrying out activities enabling other persons to illegally cross the border of the Republic of Poland.
This offence may in particular be carried out by supplying to persons who are to cross the border of Poland the required documents or transfer of means of transport, or by providing places of storage for such persons (so-called Supreme Court judgment of the day 6 June 2003, III KKN 349/01).
These comments lead to the general conclusion that not every illegal entry into the territory of Poland constitutes a criminal offence under the applicable law. In situations where the perpetrator acts alone or together with one person, without violence, threat or deception, such conduct is merely a violation.
Similarly, the person organising the illegal crossing of the border of Poland for one person does not perform the signs of a crime with Article 264(3) k.k., and its behaviour can only be assessed in the context of infringement aid from Article 49a(1) k.w.