Prawnokarna regulacja kazirodztwa w polskim porządku prawnym – walka o ochronę obyczajności czy naruszenie wolności seksualnej człowieka?
The image of incest in the Polish legal order – the fight for the protection of decency or the violation of human sexual freedom?

Summary/Abstract: Incest is an extremely controversial crime today. The main reason for this is notonly the lack of consistency as to the subject of protection, but also the threat of violationof the good in the form of sexual freedom by further penalizing incest. The argumentspresented by the representatives of the doctrine are not homogeneous – some of them arewilling to support the decriminalization of this crime. The article presents the ratio legisof the functioning of the crime of incest in the Polish legal order – taking into account itshistorical background and comparative legal remarks. The special relationship betweenmorality and sexual freedom was considered in order to demonstrate the legitimacy ofcriminalizing incest.

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