Life Imprisonment for Defiance? Ministry of Defense Weighs Stricter Wartime Penalties

The Polish Ministry of Justice, in coordination with the Ministry of National Defense, is evaluating potential Criminal Code amendments that could increase penalties for military insubordination during wartime to up to 30 years or life imprisonment.

Legislative Proposals for Combat Insubordination

The Codification Commission for Criminal Law is currently reviewing a proposal, authored by Professor Jarosław Majewski, which suggests that refusing orders in combat situations should be punishable by up to 30 years in prison. The commission further argues that life imprisonment should be considered, drawing on historical precedents where such offenses were subject to the most severe penalties, including the death penalty under the 1944 and 1969 military penal codes.

Military Perspectives on Deterrence

General Roman Polko, former commander of GROM, expressed skepticism regarding the efficacy of these increased penalties. He noted that in combat, soldiers are primarily focused on self-preservation and the safety of their comrades, rendering the duration of potential prison sentences largely irrelevant as a deterrent.

Current Legal Status and Reform Plans

Under current regulations, soldiers who fail to execute or refuse orders face a maximum of three years in prison, or up to five years in cases involving significant material damage. Defense Minister Władysław Kosiniak-Kamysz confirmed that his ministry is reviewing legal adjustments to ensure national defense readiness, taking inspiration from the rapid legislative changes implemented in Ukraine following the outbreak of conflict.