Zamach na życie Prezydenta Rzeczypospolitej Polskiej

Abstract

The article addresses some issues related to a particular criminal law-based protection of the President of the Republic of Poland. In view thereof analyzed was art. 134 of the Penal Code which criminalizes any behavior aimed at attempting the life of the President of the Republic of Poland. As the Author has it, the keynote of this provision is, first of all, ensuring a particular criminal law-based protection of the Office of the President who plays the crucial role in guaranteeing the law and order as well as national security. One of the chief guarantor of a streamlined and undisturbed operation of the State organism is the President of the Republic of Poland, perceived not as a specific person but as a subject who personifies the Majesty of the Republic of Poland. An attempt on the life of the person who holds the President’s office may mean the inception of both internal and external destabilization of the country. At the same time, the Author of the article does not deny that the provision also strengthens the protection of life and health of that person, acknowledging, however, that this is an auxiliary subject matter of protection. Moreover, the author believes that the legislator ought to supplement the issues under analyzing in order to penalize any and all behaviors with attributes which imply the preparations for the crime – viz. an attempt on the life of the President of the Republic of Poland, as the authors of the penal code of 1932 did.