Tryb ścigania przestępstwa zgwałcenia a ochrona prawa do prywatności
The Procedure of Prosecution Ex Officio in the Case of Rape and the Right to Privacy

Author(s): Sandra Gawron
Subject(s): Law, Constitution, Jurisprudence, Human Rights and Humanitarian Law
Published by: Wydawnictwo Uniwersytetu Śląskiego
Summary/Abstract: The following article is devoted to the issue of the changes in the procedure of prosecution ex officio in the case of rape, in the context of protection of the right to privacy. As a point of departure, the author discusses the procedural consequences of adopting unconditional procedure of prosecution of this crime. Next, the author proceeds to analysis of both proponents and opponents of the amendment, in the context of its influence on the respect for the victim’s right to privacy. Moreover, the article evaluates the amendment on the basis of the conflict of constitutional values. This analysis, in turn, leads to the conclusion that prosecution ex officio, which prioritizes the prosecution of the perpetrator of rape, to the exclusion of the interests of the victim, constitutes a proper expression of penal repression, especially given the fact that apart from the public order, such a procedure protects its individual interests, as well as the interests of the potential victims.

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