Criminal Liability for Transporting Drugs Outside the Territory of the Republic of Poland

The article examines the issue of criminal liability for the transport of drugs outside the European Union or within its borders, but excluding the territory of Poland. Due to the introduction of a legal definition of transport and the change in the current content of Article 55 of the Act of 29 July 2005 on counteracting drug addiction, introduced by the amendment of 1 April 2011, such acts currently remain outside the scope of penalization of this Act. The author attempts to demonstrate that the legislator’s oversight, resulting in internally contradictory and illogical criminal law consequences, necessitates urgent intervention on their part. It certainly does not authorize judicial practice to apply an interpretation that extends the scope of penalization of Article 55 of the Act of 2005. Ensuring the extraterritorial effectiveness of the criminal law norm expressed in this provision may only provide such an approach to transport that does not require its reference to the borders or territory of the Republic of Poland.