„PRZESTĘPCA ZAWODOWY” W UJĘCIU KODEKSU KARNEGO – WYBRANE PROBLEMY WYKŁADNI ART. 65 § 1 K.K.

Abstract

The paper is devoted to the analysis of a phrase describing a ‘professional criminal’ in Article 65 § 1 of the Polish Criminal Code (CC). The meaning of the amendment of 2004, which changed the description of the professional criminal, is discussed in detail. While earlier such a criminal was defined as a person who ‘has made the commission of offences his or her regular source of income’, since 2004 it is sufficient if the regular income comes from the ‘commission of an offence’. It is argued that this change means that also cases in which the offender commits only one offence that can be the source of long-lasting income should be treated as offences committed by the professional criminal under Article 65 § 1 CC. Yet, there are no sound criminal policy reasons supporting such a broad application of the provision. Furthermore, the case law examined in the paper demonstrates that in practice the courts assume that a regular criminal activity is the prerequisite for applying Article 65 § 1 CC. Therefore, the following amendment to the discussed provision is suggested: either to restore the previous description of the professional criminal as a person whose income comes from the commission of offences (and not just one offence) or to indicate criminal activities as the source of such income.