Crimes Against Peace, Humanity and War Crimes as Offences of Terrorist Character under Article 115(20) of Polish Criminal Code

Abstract

The article analyses crimes against peace, crimes against humanity and war crimes from the perspective of the construction of a terrorist offence under Article 115(20) of the Polish Penal Code. The author discusses the concept of state terrorism in social sciences, such as criminology and political science, and points out the controversies surrounding this concept. This is followed by an analysis of the terrorist offence in the Criminal Code and the arguments supporting the view that the offences in Chapter XVI of the Criminal Code can be regarded as fulfilling the conditions of a terrorist offence. Such a solution implies the application to the perpetrators of such offences of stricter rules for the imposition of punishment and probation measures in accordance with the provisions of Article 65(1) of the Criminal Code.