Stosowanie polskiej ustawy karnej do cudzoziemca - zagadnienia praktyczne
Application of the Polish criminal law to a foreigner - practical issues

Summary/Abstract: The number of foreigners living in the Republic of Poland is systematically growing - in 2022 this number oscillated around 3 million, which is about 8% of all residents. The purpose of this article is to analyze regulations related to the application of the Polish criminal law to foreigners. In the first place, the author focused on analyzing the formal possibilities of applying the Polish criminal law. Next, the regulations concerning foreigners contained in the Code of Criminal Procedure were discussed, with particular emphasis on the obligation to provide court interpreter, the possibility of appointing a criminal lawyer and serving a prison sentence imposed by a Polish court abroad. The effects of a final conviction under the Act on foreigners, i.e. entry into the list of foreigners whose stay on the territory of the Republic of Poland is undesirable, was also described. The conclusions indicate that the application of the Polish criminal law may take place in accordance with the principles expressed in the Penal Code – a foreigner will be liable for crimes committed on the territory of the Republic of Poland and, in certain situations, also if he commits a crime abroad. The status of a foreigner at each stage of criminal proceedings is similar to the status of a Polish citizen, and the main difference is that he is provided with an interpreter and has the option of serving the sentence of imprisonment abroad. In addition, he bears the consequences described in the Act on foreigners.

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