Penal Policy as Exemplified by the Criminalisation of the Offences of Espionage-Related Subversion and Sabotage in Poland

The article explores criminal policy as a component of the broader concept of legal policy, with particular attention to the criminalisation of new manifestations and forms of espionage introduced into the Polish criminal law in 2023 (Article 130 §§ 7–8 of the Criminal Code). The primary aim of the study is to trace the diachronic processes that have led from the post-war penalisation of subversion and sabotage to today’s criminalisation of the so-called “espionage-related subversion and sabotage.” To specify the research scope, the analysis addresses two questions: (1) What are the arguments for the criminalisation of espionage-related subversion and sabotage in Poland in 2023?, (2) How can the correctness of the criminalisation of espionage-related subversion and sabotage in Poland in 2023 be assessed? The temporal framework spans 1944–2023, beginning with the Decree of the Polish Committee of National Liberation on the Protection of the State of 30 October 1944 and culminating in the amendment to the Criminal Code of 17 August 2023. Methodologically, the study relies mainly on an institutional-legal approach that combines: (a) dogmatic analysis (a descriptive examination of statutory provisions and their application) and (b) historical-comparative analysis (reference to earlier regulations and their evolution). Applying these methods makes it possible to evaluate both the substance of the new offences and their effectiveness and consistency with the goals of state protection and the prevention of espionage-related crime.