Jurysdykcja państwa w sprawach karnych wobec cudzoziemców
State jurisdiction in criminal cases against foreigners

Summary/Abstract: There are two possible interpretations of the standardisation of state jurisdiction in criminal cases against foreigners [Article 360 § 1(6) Criminal Proceeding Code and Article 372 § 1(2) Criminal Proceeding Code] :a) a narrower interpretation: according to this interpretation, the wordings used in the cited regulations refer only to the norms included in the general and the specific parts of the Criminal Code, defining criminal liability of the perpetrator (forms of guild, phenomenal forms) and its consequences (penalties and punitive measures);b) a broader interpretation: this interpretation assumes that the wordings in question also include rules allowing the application of Polish criminal law to a particular case, i.e. competence principles.A consistent adoption of the second interpretation would require the courts to include in each case, either in the judgement or at least in the grounds thereof, one of the provisions containing the competence principles. However, taking into account the territorial principle, well-established by centuries of tradition, this requirement is correctly abandoned in the case of crimes committed by citizens of the People's Republic of Poland in our country. Some doubt could arise in the case of offences committed by them abroad. A similar approach should be followed in cases against foreigners: while abandoning the inclusion of Article 3 of the Criminal Code if they commit crimes in our country, at the same time it would be advisable for the courts to indicate the relevant competence principle in the case of crimes committed abroad.

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