Assassination attempt on the life of the President of the Republic of Poland pursuant to Article 134 of the Criminal Code

Abstract

The aim of this article is to present the issue of special criminal law protection of the President of the Republic of Poland. With reference to pre-war legislation, Article 134 of the Criminal Code was analysed, which criminalises behaviour constituting an attempt on the life of the President of the Republic of Poland, who, perceived not as a specific person but as an entity embodying the majesty of the Republic of Poland, is one of the main guarantors of the efficient and undisturbed functioning of the state organism. An assassination attempt on the holder of this office may be the beginning of both internal and external destabilisation of the state, and the threat to its security appears already at the moment of preparation to commit this crime. While the author of the article does not deny that this provision also strengthens the protection of this person’s life and health, he recognises that this is an incidental object of protection. The article presents arguments in favour of the criminalisation of any behaviour bearing the features of preparation for the crime of an attempt on the life of the President of the Republic of Poland, following the example of the authors of the Criminal Code of 1932.