Increasing the penalty for espionage to life imprisonment is envisaged in a draft submitted by PiS delegates. In addition, the sanction would also include the deprivation of public and pension rights.
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The draft amendment was submitted on Monday
– told PAP the rapporteur of the project, Jarosław Krajewski (PiS), deputy chairman of the parliamentary committee for special services.
Severe punishments
According to the provisions proposed by PiS deputies, the penalty for participating in the activities of foreign intelligence services against Poland, from the current term of one year to a maximum of 10 years in prison, will be a minimum of five years – with no upper limit.
In the case of acting in a foreign intelligence agency and providing him with information ranging from three to ten years in prison, the court imposes sentences of eight years in prison or life imprisonment.
For organizers of foreign intelligence activities, the sentence is increased from a minimum of five years or 25 years imprisonment to a minimum of 10 years or life imprisonment.
Important prevention
According to the applicants, the increase in sanctions will mainly have a preventive dimension.
“Professional” spies usually analyze criminal threats in the laws of individual countries when making decisions about taking the risk of carrying out their activities on their territory
– stated in the justification.
Other forms of espionage activity should also be punished, and public and military officials involved in the activities of foreign intelligence agencies will be subject to a higher penalty – such as for passing on information – including life imprisonment.
Punishment for disinformation
Liability would also threaten – according to the project – for disinformation. It would be a prison sentence of no less than 8 years.
For sabotage, diversion or terrorist activities in the context of foreign intelligence, the penalty would be as much as 10 years in prison or life imprisonment, PiS lawmakers want.
PiS MPs also want a prison sentence of 6 months to 8 years for acts other than participating in a foreign intelligence service on Polish territory.
The person who sends inadvertent messages, the disclosure or use of which could cause harm to the Republic of Poland, will also be punished with imprisonment from 3 months to 5 years. MEPs want the penalty to be imposed on anyone who provides such information “to any person or other entity who, given the surrounding circumstances, must and may suspect that he or she is involved in the activities of a foreign intelligence service”.
Punishment for readiness
Additional sentences would also cover those who indicate willingness to act for foreign intelligence, or those who collect, store or enter the IT system to provide information to foreign intelligence – from 6 months to 8 years.
The mere preparation to participate in a foreign interview would be punishable by imprisonment from 6 months to 8 years.
For all of these crimes, the court would also strip public rights. The crime of espionage, confirmed by a final court decision, would also result in the loss of pension rights of officers of special and uniformed services, or of pensioners of these services.
The main aim of the draft is to adapt the provisions on espionage in the Penal Code to the changing geopolitical situation, technological advancements and constant changes in the way perpetrators of such acts act, the deputies wrote in the justification.
Not without significance is the current high threat of new open armed conflicts and aggressive non-military activities, which are intensifying the espionage activities of foreign intelligence services, among others.
they pointed it out.
The amendment, especially in the field of accidental espionage and the punishment of preparation, will improve the fight against the crime of espionage, which will have a positive effect on the security and interests of the Republic of Poland
– wrote the PiS MPs in the motivation.
The draft also contains proposed amendments to other provisions, eg allows activities in Poland not directed at our interests by allied services to be carried out – with the approval of the heads of internal security or military counterintelligence.
Greater powers
The amendments would also expand the ABW’s powers in the anti-terrorist act to recognize, prevent, combat and detect espionage crimes.
There would also be restrictions on unauthorized photographing and filming of objects of particular importance to the security or defense of the state and persons or things contained in those objects. Such objects would be marked with a ‘no photography’ sign. Failure to comply with the prohibition would be a crime.
The draft also fills legal loopholes or clarifies current provisions, the applicants stressed. Among these changes, there would be the scope of cooperation of Polish services in the international sphere, or the principles of rewarding CBA officials.
As a rule, the changes would come into effect 14 days after the announcement, with the exception of some detailed provisions which would be valid from 1 October 2023.
DAD
Source: wPolityce