Published: 2019-10-09

The Offence of Financing Terrorism (Article 165a of the Polish Criminal Code) in the Context of Problems Related to the Subjective Aspects (‘mens rea’) of this Crime

Anna Golonka
Zeszyty Prawnicze
Section: Artykuły
https://doi.org/10.21697/zp.2019.19.3.04

Abstract

The subject of this study are issues related to the crime of financing of terrorism specified in Article 165a of the Polish Criminal Code. This provision has been amended twice in the last two years. Te second amendment, under the Act of 23 March 2017, provided for a far-reaching modification of the types of prohibited acts regulated in Article 165a of the Polish Criminal Code, including the penalisation of unintentional financing of terrorism. The new wording adopted by this provision was dictated by changes in European Union regulations, as well as in the Recommendations of the Moneyval Committee underlying the justification for an otherwise not very well-grounded amendment. Moreover, this amendment has introduced several changes that raise serious reservations, especially from the perspective of ratio legis, as well as compliance with the principle of specificity. The defective form of this provision also raises doubts regarding the possibility of its practical application and consequently the effectiveness of combating terrorist financing. This applies above all to the aspects related to the subjective side of the types of prohibited acts described in Article 165a of the Polish Criminal Code. This issue is discussed at length in the present article.

Keywords:

fnancing terrorism, mens rea, unintentional offence, a terrorist offence.

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Citation rules

Golonka, A. (2019). The Offence of Financing Terrorism (Article 165a of the Polish Criminal Code) in the Context of Problems Related to the Subjective Aspects (‘mens rea’) of this Crime. Zeszyty Prawnicze, 19(3), 91–114. https://doi.org/10.21697/zp.2019.19.3.04

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