The paper addresses the problem of delineating the offence of facilitating the escape of a person deprived of liberty on the basis of a court decision or a legal order issued by another state authority (Article 243 of the Criminal Code) and the offence of assistance in avoiding criminal liability (Article 239(1) of the Criminal Code). The author claims that assistance provided after the escape should be considered an offence under Article 239(1) of the Criminal Code. He also draws attention to the problems occurring in practice with regard to the differentiation of these types of offences. His analysis also leads him to formulate postulates for the law as it should stand (de lege ferenda).