Will Drunk Drivers’ Cars Be Confiscated? Harsher Penalties for Paedophiles and Rapists?

– There is a fundamental change under way in the area of public safety in Poland. The Sejm is working on the most important legislation concerning the fight against crime, involving a fundamental amendment to the Criminal Code and the Executive Penal Code – Zbigniew Ziobro, head of the Ministry of Justice, stressed on Thursday, 7 July.

– Today, the law is blind to reprehensible acts, such as rape resulting in death. The penalty is the same as for ordinary rape. The amendment to the Criminal Code changes this situation – added Deputy Minister of Justice Marcin Warchoł.

What is to change in the law?

The reform of the Criminal Code provides, among other things, for:

• raising the upper limit for a fixed-term prison sentence from 15 to 30 years,
• abolishing the separate 25-year prison sentence,
• introducing life imprisonment without the possibility of parole,
• increasing penalties for paedophilia and rape,
• confiscating cars from drunk drivers,
• increasing penalties for accepting bribes.

The ministry explains:

The changes will allow courts to impose more flexible sentences. Today, it is possible to impose sentences of up to 15 years in prison, a separate 25-year prison sentence, and life imprisonment.

The amendment to the Criminal Code introduces a flexible range of penalties – up to 30 years in prison and life imprisonment.

The Criminal Code also introduces life imprisonment without the possibility of conditional release. It will be imposed in two cases: for an act committed after a previous final conviction for an offence against life and health, freedom, sexual freedom or public safety or for a terrorist offence resulting in life imprisonment or imprisonment for at least 20 years. Secondly, where the nature and circumstances of the act, as well as the perpetrator’s conduct and character, indicate that remaining at liberty would pose a lasting danger to the life, health, freedom or sexual freedom of other people.

It also adds:

The amendment also extends from 25 to 30 years the period after which people sentenced to life imprisonment may apply for conditional release.

The probation period following conditional release from a life sentence will also be extended. Today it is 10 years. After the Criminal Code is amended, the probation period for those sentenced to life imprisonment will be lifelong. In addition, the limitation period for prosecuting murder will increase from 30 to 40 years.

Harsher penalties for paedophilia and rape

The ministry: – We are tightening sanctions for paedophilia and other serious sexual offences. A person who rapes a child will face 5 to 30 years in prison or life imprisonment. Currently, the penalty is 3 to 15 years in prison.

A sentence of 5 to 30 years in prison or life imprisonment will also apply to exceptionally cruel rape (currently, up to 15 years in prison). Rape resulting in serious bodily harm will carry 5 to 30 years in prison or life imprisonment (currently, 2 to 12 years).

Rape resulting in the victim’s death will carry 8 to 30 years in prison or life imprisonment (currently, 2 to 12 years in prison).

The provisions introduce new aggravated forms of rape, including rape of a pregnant woman, rape involving the use of a firearm, or rape involving the recording of images and sound. Currently, these offences carry 2 to 12 years in prison; under the new rules, the penalty will be 3 to 20 years in prison.

Stricter law for repeat offenders

The ministry: – Sexual offenders who are repeat offenders will be subject to an exceptional increase in the sentence: the lower limit of imprisonment will be raised by half, and in the case of misdemeanours, the upper limit will also be raised by half.

It also adds: – The minimum prison sentence for a habitual repeat offender has also been increased. Currently, it increases by one month; under the new rules, it will increase by half. We are tightening the rules for conditional release for sexual repeat offenders. It will be possible after serving three-quarters of the sentence, rather than two-thirds.

The amendment provides for removing the limitation period for prosecuting the rape of a child or exceptionally cruel rape. In the case of other sexual offences against a minor, or offences against life and health committed to the detriment of a minor, where the maximum sentence exceeds five years in prison, the limitation period will expire no earlier than when the victim turns 40.

Combating offences against health and life

The reform increases penalties for serious offences against life and health. The changes include raising the maximum sentence for robbery from 12 to 15 years in prison, and to 20 years for robbery involving a weapon; and raising the maximum sentence for intentionally causing serious bodily harm from 15 to 20 years in prison.

The amendment introduces new types of offences for acts that were partly not punishable. These include accepting an order to commit murder – 2 to 15 years in prison; evading compensation for damage caused by a crime – 3 months to 5 years in prison; and a new type of aggravated extortion, namely extorting property through blackmail – 1 to 10 years in prison (currently, coercion carries a penalty of up to 3 years). Preparation to commit murder will also become punishable, carrying 2 to 15 years in prison.

Confiscation of cars from intoxicated drivers

An intoxicated driver with at least 1.5 per mille of alcohol in their blood will lose their car, regardless of whether they caused a road accident. The police will temporarily seize the car for up to seven days; the prosecutor will then order the property to be secured, and the court will be required to order forfeiture of the vehicle.

If there is no accident but the driver was operating a vehicle while intoxicated, the court may refrain from ordering forfeiture in exceptional circumstances. For a repeat offender, forfeiture will be ordered from above 0.5 per mille of alcohol.

Cars will also be confiscated from accident offenders who had more than 0.5 per mille of alcohol in their blood, committed the offence again, or caused an accident.

If the car is not the driver’s exclusive property, the court will order forfeiture of the vehicle’s value before the accident.

Ministry officials: – Currently, causing a serious accident while intoxicated carries a sentence of 2 to 12 years in prison. Under the new rules, causing serious bodily harm will carry a minimum of 3 years, while causing death will carry 5 years in prison. The maximum sentence for causing a serious accident will also increase. An intoxicated accident offender who causes serious injuries or death may receive up to 16 years in prison, compared with up to 12 years currently.

(More details can be found at gov.pl).

As reported by onet.pl, 229 MPs voted for the amendment to the Criminal Code, among other legislation; 173 voted against it and 39 abstained. Tadeusz Zwiefka of the Civic Coalition commented on the proposed changes:

These changes can be described as repressive. They are not intended to increase legal culture, but rather to intimidate people and use force to compel such behaviour rather than other behaviour.

(Quoted from onet.pl).

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