Selected legal aspects of the crime of intelligence disinformation

The aim of this article is to discuss the crime of intelligence disinformation as defined in the purview of Art. 132 of the Criminal Code, and its importance for ensuring both internal and external security of the Republic of Poland. The author presented the subjective and objective aspects of the crime of intelligence disinformation and its criminalisation. The article shows a standpoint according to which the criminal offence of intelligence disinformation has the nature of a common offence, since the attribute ‘rendering intelligence services for the Republic of Poland’ does not indicate any particular attribute of the subject of a prohibited act, but merely a particular situation. The author postulates de lege ferenda a possibility of having the attributes of the offence of intelligence disinformation supplemented with documents attesting an untruth. It would certainly allow a broader penalisation of disinformation behaviours and an adaptation of this legal institution to rapidly changing times.