Open AccessState Security as Exemplified by the Offense of Espionage Under Polish Law
Author(s) -
Remigiusz Rosicki
Publication year - 2021
Publication title -
środkowoeuropejskie studia polityczne
Language(s) - English
Resource type - Journals
eISSN - 2956-5014
pISSN - 1731-7517
DOI - 10.14746/ssp.2021.3.4
Subject(s) - espionage , legislation , law , scope (computer science) , political science , state (computer science) , criminal code , criminal law , order (exchange) , sociology , business , computer science , finance , algorithm , programming language
The scope of the research problem encompasses selected issues concerning the content and sense of the elements characterizing the offense of espionage in Polish criminal law. In the legislation currently in force, the offense of espionage is criminalized under Art. 130 § 1–4 of the Criminal Code. The main purpose of the analysis is to perform a substantive criminal examination of the offense of espionage under Polish law, considering a practical case study and an assessment of the legal provisions regarding state security. In order to elaborate the material scope of the research problem and present the conclusions, the paper asks the following research questions: (1) To what extent are the de lege lata legal solutions in Poland effective in counteracting espionage offenses?, (2) What de lege ferenda solutions ought to be proposed to improve effective counteraction of espionage offenses? The paper includes an institutional and legal analysis aided by textual, functional, and historical interpretations, supplemented with the author’s conclusions and opinions concerning de lege lata and de lege ferenda solutions. The institutional and legal analysis is supplemented with a case study of espionage activity. The case study helps consider selected legal problems and presents example legal classifications of the described acts associated with espionage activity.