Incest Offence and the Legal-Criminal Protection of the Family in Poland Cover Image

Kazirodztwo a prawnokarna ochrona rodziny w Polsce
Incest Offence and the Legal-Criminal Protection of the Family in Poland

Author(s): Małgorzata Tomkiewicz
Subject(s): Law, Constitution, Jurisprudence
Published by: Instytut Profilaktyki Społecznej i Resocjalizacji UW
Keywords: incest; family; penal law

Summary/Abstract: The paper discusses the prohibition of incest, assessed from the perspective of consensual sexual behaviors between adult members of the family. It details a subject-object analysis of the crime defined in Article 201 of the Criminal Code and the ratio legis of this legal norm. We aim at answering whether the incest prohibition as defined in applicable legislation ensures a sufficient legal-criminal protection of the family in this respect and whether the obligation to protect the family included in Article 18 of the Polish Constitution materializes the norm set forth in the legal provision which is subject to our analysis.

  • Issue Year: 2013
  • Issue No: 21
  • Page Range: 25-44
  • Page Count: 20
  • Language: Polish