Compensation for Victims of Crime in Poland Since the Dawn of the Twentieth Century

This chapter provides an analysis of compensation for victims of crime in Poland since the dawn of the twentieth century in the criminal codes then in force and in the Act of July 7, 2005, on state compensation to victims of certain criminal acts (the so-called compensation act). In the twentieth century, Poland had three criminal codes: the Criminal Code of 1932, the Criminal Code of 1969, and the Criminal Code of 1997. The 1932 Criminal code had the fewest compensatory regulations, but the situation of victims of crime was slightly improved by the 1969 Criminal Code. The Criminal Code that is currently in force is far from perfect, but it most fully fulfills the compensatory function of criminal law. The so-called Compensation Act, passed in 2005, was the first to implement the idea of a state compensation fund for victims of crime. Initially, many hopes were pinned on it, but during the nearly 20 years of its history, many of its shortcomings became evident. These shortcomings even led to the phenomenon of secondary victimization, and the fund itself is used to a limited extent. Another institution is the Victims Assistance and Post-Penitentiary Assistance Fund, which has been in operation since 2012 and is independent of the so-called Compensation Act. It focuses on assistance to victims and witnesses, prevention of crime, and post-penitentiary assistance. The authority in charge of the fund is the Minister of Justice.