A draft submitted by PiS delegates outlines harsher penalties for espionage, proposing life imprisonment for certain offenses and the loss of public and pension rights as part of the sanctions.
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The proposal was presented to the public on Monday.
– according to PAP, the project’s rapporteur, Jarosław Krajewski (PiS), deputy chairman of the parliamentary committee for special services, described the intent of the draft.
Severe punishments
The measures would raise penalties for involvement with foreign intelligence activities against Poland from a current range of one year up to ten years in prison to a minimum of five years with no upper limit for some offenses.
When acting in a foreign intelligence agency and providing it with information, penalties would shift to a minimum of eight years, with the possibility of life imprisonment in certain cases.
For organizers of foreign intelligence operations, the sentence would go from a minimum of five years or 25 years in prison to a minimum of ten years or life imprisonment.
Important prevention
Proponents argue the increased sanctions would primarily serve a preventive purpose.
Spies who typically study the legal environments of other nations when deciding whether to attempt operations on Polish soil could be deterred by stiffer consequences, the justification notes.
Other forms of espionage would also face harsher penalties, with public and military officials involved in foreign intelligence activities facing tougher charges, including cases of passing on information that could lead to life imprisonment.
Punishment for disinformation
The project would also extend liability to disinformation, with a prison term of no less than eight years in such cases.
Sabotage, diversion, or terrorist actions connected to foreign intelligence would carry penalties of up to ten years in prison or life imprisonment, according to PiS lawmakers.
Additionally, a prson sentence of six months to eight years would apply to acts not directly involving participation in a foreign intelligence service on Polish territory.
A person who sends inadvertent messages or discloses information that could harm the Republic of Poland would be punished with three months to five years in prison. The draft targets anyone who shares such information with a person or entity who, given the circumstances, might suspect involvement in foreign intelligence activity.
Punishment for readiness
Additional penalties would apply to those who express willingness to assist foreign intelligence or who collect, store, or input data into IT systems to aid foreign intelligence. Those acts would carry sentences from six months to eight years.
The mere preparation to participate in such activities would be punishable by imprisonment from six months to eight years.
In all cases, courts would also strip public rights. Espionage confirmed by a final court decision would result in the loss of pension rights for officers of special and uniformed services, or for pensioners in those services.
The draft’s central aim is to align espionage provisions in the Penal Code with the changing geopolitical landscape, technological advances, and evolving methods used by perpetrators, the authors write in the justification.
Notably, the current threat of open armed conflicts and aggressive non-military actions is considered a factor driving the need for stronger responses to espionage, the authors emphasize.
They also point out the ongoing risk environment as justification for the amendments.
The amendment, particularly regarding accidental espionage and the punishment of preparation, is viewed as strengthening efforts to combat espionage and safeguard the security and interests of the Republic of Poland.
The draft also includes proposed adjustments to other provisions, for example allowing activities in Poland not directed at national interests by allied services to be conducted with approval from internal security or military counterintelligence heads.
Greater powers
The amendments would expand the Anti-Terrorist Act powers of ABW to recognize, prevent, combat, and detect espionage crimes more effectively.
Restrictions would be introduced on unauthorized photographing and filming of objects crucial to state security or defense, with no photography zones marked by signs. Violations would become a crime.
Some provisions aim to close legal gaps or clarify current rules, including changes to how Polish services cooperate internationally and how CBA personnel are rewarded.
As drafted, most changes would take effect fourteen days after announcement, with certain detailed provisions becoming effective on October 1, 2023.
DAD
Note: The content reflects that the material originates from a parliamentary debate and related remarks. The legal text and intent are subject to parliamentary procedures and potential revisions.