Rape with Particular Cruelty (art. 197 § 4 of Polish Penal Code) Cover Image

Zgwałcenie ze szczególnym okrucieństwem (art. 197 § 4 k.k.)
Rape with Particular Cruelty (art. 197 § 4 of Polish Penal Code)

Author(s): Magdalena Budyn-Kulik
Subject(s): Criminal Law, Criminology, Studies in violence and power, Victimology
Published by: Wydawnictwo Naukowe Uniwersytetu Marii Curie-Sklodowskiej

Summary/Abstract: "Particular cruelty" is a feature that constructs qualified (with severer punishment) type of rape. There has been established quite a good general line of interpreting "particular cruelty", although in specific. cases it is not applied in a proper way. There is a tendency to use general leads of The Highest Court in a automatic. and objective way, without relating them into the circumstances of the case; especially without taking under one's consideration some specifics of the victim. The empirical research was made on 29 files of cases that had been finished in 2006­2012, with the act classified as fulfilled the article 197 § 4 of Polish Criminal Code.

  • Issue Year: 61/2014
  • Issue No: 1
  • Page Range: 17-35
  • Page Count: 19
  • Language: Polish