Polish Interior Ministry proposes up to three years in prison for aiding illegal migrants

New restrictions in Polish criminal law

The Polish Ministry of Interior has initiated a move to strengthen criminal legislation in the area of migration control. The proposed changes stipulate that any knowingly provided assistance to a foreigner residing in the country illegally may be classified as a criminal offence.

Level of punishment and conditions for liability

According to the text of the proposal, a person who assists a foreigner in continuing their illegal stay on Polish territory may be sentenced to up to three years in prison. A key detail is that receiving financial remuneration or other material benefit for such assistance is not a mandatory condition for prosecution.

Risks for volunteers and local residents

The legal community warns that the wording of the new norms may be too broad. They could potentially apply not only to organisers of illegal migration but also to ordinary citizens, including volunteers and residents of border areas. Even actions such as providing hot meals, handing over clothing, or offering temporary shelter could become grounds for criminal prosecution.

Government stance and human rights reaction

The Ministry of Interior explains this initiative as a necessity for effectively combating illegal migration and human smuggling. The official position is that the new rules will prevent situations where criminal elements use humanitarian activities as a cover.

Meanwhile, human rights organisations have expressed concern. They fear that the proposed changes will create a threat of criminalising altruistic assistance to people in difficult circumstances.

Status of the legislative initiative

At present, this is only a draft of amendments. The new rules have not yet entered into force, and their final wording may change.