This will be a short but substantive post. For the consideration of every citizen called to participate in the elections of May 10, 2020. The full text of Art. 165 of the Criminal Code is included below. The most important parts are underlined:
Art. 165. [Causing commonly dangerous conditions for life or health]
- § 1. Whoever causes danger to the life or health of many persons or to property of great value:
1) by causing an epidemiological threat or the spread of an infectious disease or animal or plant plague,
2) by manufacturing or introducing into circulation substances, food products, or other articles of common use that are harmful to health, or pharmaceutical products that do not meet applicable quality standards,
3) by causing damage to or disabling a public utility facility, in particular a facility supplying water, light, heat, gas, energy, or a facility protecting against or eliminating common danger,
4) by disrupting, preventing, or otherwise affecting the automatic processing, collection, or transmission of computer data,
5) by acting in another manner in particularly dangerous circumstances,
shall be subject to imprisonment from 6 months to 8 years.
- § 2. If the perpetrator acts unintentionally, they shall be subject to imprisonment up to 3 years.
- § 3. If the consequence of the act specified in § 1 is the death of a person or serious harm to the health of many persons, the perpetrator shall be subject to imprisonment from 2 to 12 years.
- § 4. If the consequence of the act specified in § 2 is the death of a person or serious harm to the health of many persons, the perpetrator shall be subject to imprisonment from 6 months to 8 years.
The above provisions are currently very relevant in the context of organizing mass gatherings, particularly elections, during an epidemic. Anyone who, by their actions or decisions, contributes to creating conditions that facilitate the spread of an infectious disease may potentially face criminal liability under this article.
This applies to both organizers and decision-makers who, despite the known epidemiological risks, decide to proceed with events that create conditions for the spread of the disease. The law does not require intent – even negligent (unintentional) creation of such danger is punishable.
Paweł Osiński
Attorney practicing in business law and white-collar criminal law