PORWANIE LUB PRZETRZYMYWANIE DLA OKUPU WEDŁUG KODEKSU KANONÓW KOŚCIOŁÓW WSCHODNICH Z 1990 ROKU

Subject of this article is the legal research on crime of kidnapping or hostage- keeping for ransom in jurisdiction of Code of Canons of Oriental Churches. Dogmatic and legal analysis of norms of the present code shows that can. 1445 and can. 1451 CCEO of 1990, alike can. 1370 and can. 1397 Code of Canon Law (CIC of 1983), provide the possibility to punish perpetrators of kidnapping or hostage – keeping for ransom of cleric persons, as well as any other person. Regarding this crime, penal sanctions upon CCEO of 1990 are heavier than these, which can be ordered based on CIC of 1983. Aside from mentioned offences, Canon Law of Oriental Churches penalizes physical or psychical tortures, so offender who kidnap or keep hostages with tortures will be liable for this crime. According to Canon Code of Oriental Churches, solely the court can order penalties, so likewise in polish penal law. However, due to specific ecclesiastic community, the nature of penal sanctions is spiritual.