GENERAL PART
Chapter I
Principles of penal liability
Article 5. The Polish penal law shall be applied to the perpetrator who committed a prohibited act
within the territory of the Republic of Poland, or on a Polish vessel or aircraft, unless an international
agreement to which the Republic of Poland is a party stipulates otherwise.
GENERAL PART
Chapter XIII. Liability for offences committed abroad
Article 110. § 1. The Polish penal law shall be applied to aliens who have committed abroad an
offence against the interests of the Republic of Poland, a Polish citizen, a Polish legal person or a Polish
organisational unit not having the status of a legal person.
§ 2. The Polish penal law shall be applied to aliens in the case of the commission abroad of an offence other than listed in § 1, if, under the Polish penal law, such an offence is subject to a penalty exceeding 2 years of deprivation of liberty, and the perpetrator remains within the territory of the Republic of Poland and where no decision on his extradition has been taken.
GENERAL PART
Chapter XIII. Liability for offences committed abroad
Article 112. Notwithstanding the provisions in force in the place of the commission of the offence
the Polish penal law shall be applied to a Polish citizen or an alien in case of the commission of :
1) an offence against the internal or external security of the Republic of Poland ;
2) an offence against Polish offices or public officials ;
3) an offence against essential economic interests of Poland ;
4) an offence of false deposition made before a Polish office.
Article 113. Notwithstanding regulations in force in the place of commission of the offence, the
Polish penal law shall be applied to a Polish citizen or an alien, with respect to whom no decision on
extradition has been taken, in the case of the commission abroad of an offence which the Republic of
Poland is obligated to prosecute under international agreements.
Article 114. § 1. A sentencing judgement rendered abroad shall not bar criminal proceedings for the same offence from being instituted before a Polish court.
§ 2. The court shall credit to the penalty, imposed the period of deprivation of liberty actually
served abroad and the penalty there executed, taking into consideration the differences between these
penalties.
§ 3. The provision of § 1 shall not apply when a sentencing judgement rendered abroad has been
transferred to be executed within the territory of the Republic of Poland, and also when the judgement
rendered abroad regarded an offence, with regard to which either a transfer of the prosecution or
extradition from the territory of the Republic of Poland has occurred.
§ 4. If a Polish citizen validly and finally sentenced by a court in a foreign country, has been
transferred to execute the sentence within the territory of the Republic of Poland, the court shall
determine, under Polish law, the legal classification of the act, and the penalty to be executed or any
other penal measure provided for in this Act; the basis for determination of the penalty or other measure subject to execution shall be provided by the sentencing judgement rendered by a court of a foreign country, the penalty prescribed for such an act under Polish law, the period of actual deprivation of liberty abroad, the penalty or other measure executed there, and the differences between these penalties considered to the favour of the sentenced person.
1. The Court has jurisdiction only with respect to crimes committed after the entry into force of this Statute.
2. If a State becomes a Party to this Statute after its entry into force, the Court may exercise its jurisdiction only with respect to crimes committed after the entry into force of this Statute for that State, unless that State has made a declaration under article 12, paragraph 3.
1. A State which becomes a Party to this Statute thereby accepts the jurisdiction of the Court with respect to the crimes referred to in article 5.
2. In the case of article 13, paragraph (a) or (c), the Court may exercise its jurisdiction if one or more of the following States are Parties to this Statute or have accepted the jurisdiction of the Court in accordance with paragraph 3:
(a) The State on the territory of which the conduct in question occurred or, if the crime was committed on board a vessel or aircraft, the State of registration of that vessel or aircraft;
(b) The State of which the person accused of the crime is a national.
3. If the acceptance of a State which is not a Party to this Statute is required under paragraph 2, that State may, by declaration lodged with the Registrar, accept the exercise of jurisdiction by the Court with respect to the crime in question. The accepting State shall cooperate with the Court without any delay or exception in accordance with Part 9.
The Court may exercise its jurisdiction with respect to a crime referred to in article 5 in accordance with the provisions of this Statute if:
(a) A situation in which one or more of such crimes appears to have been committed is referred to the Prosecutor by a State Party in accordance with article 14;
(b) A situation in which one or more of such crimes appears to have been committed is referred to the Prosecutor by the Security Council acting under Chapter VII of the Charter of the United Nations; or
(c) The Prosecutor has initiated an investigation in respect of such a crime in accordance with article 15.