What is a terrorist offence?
Under Polish criminal law, a terrorist offence is not one separate offence with a single statutory description. It is a legal classification that may apply to different prohibited acts when they are committed for a specific terrorist purpose. The definition is set out in Article 115 § 20 of the Polish Criminal Code.
A prohibited act may be treated as a terrorist offence if it is punishable by a maximum penalty of at least five years’ imprisonment and is committed in order to seriously intimidate many people, force a public authority of the Republic of Poland or another state, or a body of an international organisation, to take or refrain from specified action, or cause serious disruption to the political system or economy of Poland, another state, or an international organisation. A threat to commit such an act may also fall within this definition.
The classification depends not only on what happened, but also on the purpose of the perpetrator. For this reason, conduct involving violence, destruction of property, threats, sabotage, cyberattacks or financing may be assessed differently if investigators establish that it was intended to achieve one of the terrorist objectives specified by law.
What conduct may be connected with a terrorist offence?
Terrorist offences may involve acts directed against human life, health, public safety, critical infrastructure, transport, public institutions or computer systems. Depending on the facts of the case, the relevant allegations may concern offences such as causing danger to the public, unlawful possession or use of weapons or explosives, destruction of property, making criminal threats, participation in an organised criminal group, or financing terrorism.
Polish law also criminalises conduct connected with terrorist activity before an intended attack is carried out. This may include participation in a terrorist group, crossing the Polish border for the purpose of committing a terrorist offence in another state or certain terrorism-related offences, providing funds or other assets for terrorist purposes, and publicly inciting another person to commit a terrorist offence.
In practice, proceedings in these cases often involve extensive evidence. Authorities may examine electronic communications, financial transfers, travel records, online activity, contacts with other persons, seized devices and materials obtained through international cooperation. The interpretation of this evidence may be decisive, particularly where the alleged terrorist purpose is inferred from statements, correspondence or associations rather than from a completed act of violence.
When is legal assistance advisable?
Immediate legal assistance is advisable when a person is detained, summoned for questioning, searched, questioned about financial transactions or contacts abroad, or informed that they are being investigated in connection with a terrorist offence. These cases may lead to restrictive procedural measures, including detention, surveillance-related evidence issues, asset freezes and international cooperation with foreign authorities.
Legal support may also be necessary for persons who have not been accused but whose property, business operations, bank accounts or travel documents are affected by an investigation. Entrepreneurs may require assistance where a company is suspected of transferring funds, goods, technology or services that could be linked to prohibited activity.
A prompt consultation with a criminal defence lawyer can help protect procedural rights, assess the lawfulness of investigative measures, preserve relevant evidence and reduce the risk of making statements that are later interpreted unfavourably. Early advice may also help identify whether the facts justify a terrorism-related classification or whether the allegations should be assessed under a different criminal provision.
Legal support in cases involving terrorist offences
Legal assistance in matters concerning alleged terrorist offences may include in particular:
- representation during detention, questioning and court hearings;
- analysis of the legal classification of the alleged conduct;
- defence in proceedings concerning pre-trial detention and other preventive measures;
- review of evidence obtained from electronic devices, financial records and international requests;
- representation in cases involving organised criminal groups, financing allegations or incitement;
- assistance in cross-border matters, including extradition and European arrest warrant proceedings;
- protection of the rights of persons and businesses affected by investigative measures.
Need assistance from a lawyer in a case involving an alleged terrorist offence? Contact us.