CRIME V. POLAND

Piotr Witakowski

Crime v. POLAND

A vote was held in the European Parliament in Strasbourg on the motion for a resolution entitled "European Parliament proposals to amend the Treaties” [[1]]. The resolution calls for the introduction of 267 amendments to the Lisbon Treaty which radically alter the powers of the associate States, including the Republic of Poland. He calls for a crucial limitation of the independency of the Republic of Poland by giving the right to decide in many aspects of social, economical and political life to the unelected bodies of the European Union. The provisions of this resolution so constitute interference in the constitutional rights of the Polish parliamentary authorities and the Government of the Republic.

9 Euro MPs elected in Poland voted for specified a truncation of the sovereignty and independency of the Republic. These included: Marek Balt, Marek Belka, Robert Biedron, Włodzimierz Cimoszewicz, Łukasz Kohut, Bogusław Liberadzki, Leszek Miller, Róża Thun und Hohenstein and Sylvia Spurek [[2]]. The resolution was adopted by a majority of 17 votes (291 votes in favour, 274 against and 44 abstentions). It would so be rejected if these 9 Polish parliamentarians voted against.

The events in the European Parliament are an analogy to the 1773 dismemberment parliament. As of the beginning of August 1772, Russian, Prussian and Austrian troops entered the territory of Poland at the same time and began the business of territories between themselves. However, the occupiers were not satisfied with the territorial conquests themselves, but they wanted that the demolition of the Republic already carried out was accepted and approved by the Sejm of the Republic. By bribing any of the MPs and terrorizing the remainder of the occupiers, they obtained the desired mark at the partitioning parliament in 1773. According to the occupiers' narrative, Poland was to benefit a lot. External safety was to supply the occupying powers. They besides guaranteed "Cardinal rights", and in their view the country restored order and "removed anarchy". This is now referred to as "restore the regulation of law". The Republic of Poland has not been completely liquidated. 2 more cuts were needed. But she lost the essential attribute of independency – she agreed that her destiny should be decided not in Warsaw, but in St. Petersburg, Vienna and Berlin. Now the “benefit of the Republic” is that it will be decided in Brussels and Berlin. The warrant of the regulation of law after the first partition was to be Tsar Catherine, the warrant of the regulation of law after the European Parliament resolution was to be adopted by the European Commission.

The moral assessment of Polish representatives voting in favour of limiting the independency of Poland is clear and is usually referred to as renegade or traitors. However, the legal qualification of their actions is important. In order to do so, we request to callback the penal code in force in Poland [[3]]. In Chapter XVII entitled Crimes against the Republic of Poland the first 3 articles are worded as follows.

Article 127. § 1. Who, with the aim of depriving independence, depriving part of the area or changing the constitutional strategy of the Republic of Poland, undertakes, in consultation with another persons, activities aimed straight at achieving this objective,

is sentenced to imprisonment for periods not little than 10 years or to life imprisonment.

§ 2. Who makes preparations for the offence referred to in § 1,

is sentenced to imprisonment from 3 to 20.

Article 128. § 1. Who, in order to remove the force of the constitutional body of the Republic of Poland, undertakes activities aimed straight at achieving this objective,

is sentenced to imprisonment from 3 to 20.

§ 2. Who makes preparations for the offence referred to in § 1,

is sentenced to imprisonment from 3 months to 5 years.

§ 3. Who, by force or by illegal threat, influences the authoritative activities of the constitutional body of the Republic of Poland,

is sentenced to imprisonment from 1 year to 10 years.

Article 129. Who, being authorized to act on behalf of the Republic of Poland in relations with the government of a abroad state or abroad organization, acts against the Republic of Poland,

is sentenced to imprisonment from 1 year to 10 years.

The work carried out by the 9 Euro MPs afraid fulfils the conditions set out in Article 127(1) and Article 129. It needs to be stressed that the act was committed under the conditions of recidivism. All these Euro MPs voted against Poland countless times. Nevertheless, they inactive represent Poland in the European Parliament and enjoy full civilian rights. The penal code provides for the anticipation to end specified harmful activities, as Article 40 KK says.

Article 40. § 1. Depriving of public rights includes the failure of active and passive electoral rights to a public authority, a professional or economical authority, the failure of the right to participate in the exercise of justice and to service in public authorities and institutions and local or professional self-government, as well as the failure of a military degree and return to a serial degree; the deprivation of public rights besides includes the failure of orders, honours and titles and the failure of the ability to get them during the period of deprivation of rights.

§ 2. The court may order the deprivation of public rights in the event of conviction:

1. for imprisonment for a time not little than 3 years for a crime committed as a consequence of a motivation worthy of peculiar condemnation;

There is no uncertainty that the activity aimed at reducing the sovereignty and independency of the Republic deserves peculiar condemnation. It is so amazing why specified harmful anti-Polish activities have not so far met with the reaction of any state authority obliged to defend the state and the applicable legal order. Since the institutions are silent, possibly it is time for the citizens of the Republic to talk on this matter.

Warsaw, 30 November 2023.

Bibliographic footnotes