The crime of destroying electronic documents is regulated under Article 276 of the Penal Code.
Who Can Commit the Crime of Destroying Electronic Documents?
Any person may be the perpetrator of this crime, except those who have the exclusive right to dispose of the document. The perpetrator:
- destroys (both physical destruction of a paper document and deletion of a computer record),
- damages,
- renders useless,
- hides,
- removes a document that they do not have the exclusive right to dispose of.
A document, as defined in Article 115 § 14 of the Penal Code, is understood as „any object or other recorded medium of information to which a specific right is attached or which, due to its content, constitutes evidence of a right, a legal relationship, or a legally significant circumstance.”
If the perpetrator takes actions against multiple documents, it may be considered a single prohibited act, provided the conditions specified in Article 12 of the Penal Code are met.
This crime requires the occurrence of a result and is characterized by intentionality.
What Penalty Can Be Imposed for Committing the Crime of Destroying an Electronic Document?
This crime is punishable by a fine, restriction of liberty, or imprisonment for up to 2 years. It is prosecuted ex officio.
Examples from Polish Court Rulings on the Destruction of Electronic Documents:
The District Court, in a judgment dated February 24, 2011, found M. K. and Ł. S. guilty of acting together and in concert during the night of May 6–7, 2009, in L., threatening A. R. with physical violence and then using force against him by pressing him against a couch with their bodies and strangling him. They took possession of property, including a laptop, USB drive, knife, wallet, cash amounting to 260 PLN, a bank card, and a driver’s license, causing a total loss of 1,500 PLN to the victim. Ł. S. committed this act within five years of serving over six months of imprisonment for a similar intentional crime. The court found that this act fulfilled the elements of Article 280 § 1 of the Penal Code in conjunction with Article 278 § 5 of the Penal Code, in relation to Article 278 § 1 of the Penal Code, in conjunction with Article 276 of the Penal Code, in relation to Article 11 § 2 of the Penal Code.
The Supreme Court ruling of December 3, 2012 (III KK 45/12) regarding the above-mentioned case stated that:
„The theft of a payment card constitutes an offense under Article 278 § 5 of the Penal Code, regardless of the nature of the card, as long as it allows cash withdrawals, and regardless of the amount that can be withdrawn using it at an ATM. Article 278 § 5 of the Penal Code is lex specialis in relation to Article 278 § 1 of the Penal Code, as it covers the theft of any card mentioned therein; it also excludes the application of Article 119 § 1 of the Code of Petty Offenses, as the amount withdrawable with the stolen card is irrelevant.”
Legal status as of February 6, 2022
Cyberlaw by Judyta 