Penalizacja bezprawnego przekroczenia granicy państwowej
Penalization on of unlawful crossing of the state border

Summary/Abstract: The subject of the deliberations constitutes regulations of the Polish legal system relating to the problem of unlawful crossing of the state border. The author has presented the historical evolution of the provisions concerning illegal crossing of the Polish border and has made an assessment of the justification of the legislative changes done in this area. The author has also emphasized the significance of the issue of illegal crossing of the Polish border in the light of the Schengen Borders Code. The provisions of the Criminal Code and the Code of Contraventions regarding the penalization of unlawful crossing of the Polish border have been analysed. The analysis has focused on the selected issues prompting controversies in the criminal law doctrine. The different opinions expressed in literature have been shown, for example as to the types of offences described in Article 264 of the Criminal Code. The mental element of the offence specified in Article 49a of the Code of Contraventions has been the subject of the analysis. As a result of the deliberations the author has made an evaluation of the quality of the Polish regulations in the field of penalization of illegal crossing of the Polish border.

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