Report of the CHR on the Activities of the National Preventive Mechanism in Poland
court judgement issued in the case concerning an offence under Article 246 of the Penal
Code, which reads that a public official or anyone acting under their orders who, in order
to obtain specific testimony, explanations, information or a statement, uses force, unlawful
duress, or exerts physical or mental cruelty in whatever form on another person is liable to
imprisonment for between one and 10 years. The representatives of NPM analysed the information on the public official sentenced under that Article of the Penal Code provided by
the Information Office of the National Criminal Register.
From the above analysis it follows that in 2015 1 Police officer167 was convicted in connection with exerting violence in order to obtain information from the detained person.
The police officer was accused and convicted for the fact that:
I. serving as the police officer at the Poviat Police Headquarters in Dębica hit the detained Karol K. twice in the face, trying to exert statement to admit that the detained stole
batteries, i.e. the offence under Article 246 of the Penal Code
II. serving as the police officer at the Poviat Police Headquarters in Dębica hit the detained Krystian O. twice in the face and ordered him to stand “to attention” on one tile for
about 1 hour, trying to exert statement to admit that the detained committed theft, i.e. the
offence under Article 246 of the Penal Code
It must be emphasized that torture was applied in both cases, as the police officer wanted
to exert admission of committing an offence by the injured by purposefully exerting physical and mental pain on the.
The court in first instance recognized that the accused is guilty of committing the offence described in I, which is a infraction under Article 246 of the Penal Code and for
this, under Article 246 of the Penal Code, sentenced him or 1 (one) year of imprisonment.
Moreover, the court recognized that the accused is guilty of committing the offence described in II, which is a infraction under Article 246 of the Penal Code and for this, under
Article 246 of the Penal Code, sentenced him or 1 (one) year of imprisonment. The court
in second instance sustained the judgement in this part.
Pursuant to Article 85 of the Penal Code and Article 86(1) of the Penal Code, instead of
the two separate imprisonment penalties, the courts imposed a combined penalty of 1 (one)
year and 2 (two) months of imprisonment. Pursuant to Article 69(1) of the Penal Code and
Article 70(1)(1) of the Penal Code, the courts conditionally suspended the execution of the
combined imprisonment for a period of probation lasting 2(two) years. Also, pursuant to
Article 71(1) of the Penal Code, the courts imposed a fine on the accused in the amount of
50 (fifty) daily units, determining the value of one unit to be PLN 20 (twenty Polish zlotys).
The above case of torture took place outside the rooms for detained persons and persons
brought to sober up, which are inspected by the staff members of the National Preventive
Mechanism. The events took place in the staff rooms within the Police headquarters.
District Court in Dębica (II K 1016/13), Regional Court in Rzeszów (II Ka 48/15).
167
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