Podstawy odpowiedzialności za przestępczość zorganizowaną na przykładzie wybranych instrumentów części ogólnej kodeksu karnego
Basis of responsibility for organized crime on the example of selected instruments of the general part of the Criminal Code

Summary/Abstract: The legislator criminalizes activities closely related to organized crime only in one article of the detailed part of the Criminal Code. Accord- ing to Article 258 of the Criminal Code, three basic and apparently most essential activities related to being a member of a group or an association are criminalised: participation in an organized group or association, founding of an organized group or association and leading an organized group or as- sociation. Nevertheless, the general part of the Criminal Code also contains significant instruments that can play an important role in the fight against organized crime. The article presents those regulations of the general part of the Criminal Code that can be applied in relation to crimes committed by persons acting in organized criminal structures. This is particularly impor- tant in a situation where it is difficult to prove the existence of an organized criminal structure and the causal activities of taking part in an organized group or association and, consequently, it is impossible to punish the offender under Article 258 of the Criminal Code. This article analyzes the construction of preparation (Article 16 of the Criminal Code), co-perpetration, directingSTUDIA PRAWNICZE2023 • nr 1 (227) • s. 101–129 ISSN 0039-3312 • eISSN 2719-4302 doi 10.37232/sp.2023eMagdalena Stawarzperpetration, referral perpetration, incitement, aiding and abetting (Article 18 of the Criminal Code) in the context of their role, usefulness and applicability to combat organized crime.

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