Glosa do wyroku Sądu Apelacyjnego w Warszawie z 24.11.2017 r., II AKa 269/17

Abstract

The author approves the view taken by the Court of Appeal in Warsaw in its judgement of 24 November 2017, II AKa 269/17, in a case of espionage committed by Stanislaw S. This is the second judgment published by the Court in an espionage case. The Court of Appeal has generally accepted the position of the court of first instance but it also made some additional conclusions, emphasizing the aspect of the intention of committing the offence of espionage on the part of the perpetrator, who is has dual Polish and Russian citizenship, and takes advantage of the benefits that Poland offers. The Court of Appeal also stressed the problem of individual and general prevention, which the court of first instance failed to take note of.