The articles discusses selected interpretation problems of Art. 264a of the Criminal Code. The Author stresses some doubts about the fulfilment of all EU requirements which were the cause of introducing the misdemeanour into the Polish criminal law system in 2004. Some of the statutory features of the offence from Art. 264a § 1 of the Criminal Code were analysed with special attention paid to controversies over the values protected by the offence and to interpretation problems referring to the relationship to Art. 264 of the Criminal Code and Art. 49a of the Code on Petty Offences, as well as to doubts referring to the possibility of applying extraordinary mitigation of punishment to the perpetrator of this act.