CHILD PROTECTION

LEGAL REGULATIONS

 

Chapter XXV of Penal Code entitled ‚Offences Against Sexual and Moral Freedom’ penalizes certain acts against underage persons appointing offences stipulated by Article 200, Para. 1, Penal Code and Art. 200, Para. 2, Penal Code. Furthermore, the said Section indicates types of qualified offences in Art. 202 ,Para. 2 and 3, Art. 204, Para. 3, Penal Code.

Pursuant to regulation of Art. 200, Penal Code:

 „Art. 200. Para. 1 Sexual intercourse, other sexual activity with an underage person younger than 15 years old or forcing the said activities shall be punished by imprisonment from 2 to 12 years.

  1. (repealed).
  2. Presenting pornographic content, providing objects of pornographic character to an underage person younger than 15 years old or enabling the underage person to familiarize themselves with such content shall be punished by imprisonment up to 3 years.
  3. Presenting sexual activities to an underage person younger than 15 years old with the aim of sexual satisfaction of the offender or other person shall be punished as stipulated in Para. 3.
  4. Advertising and promoting activities aimed at disseminating pornographic content which enables an underage person younger than 15 years old to familiarize themselves with it shall be punished as stipulated in Para. 3.

PRELIMINARY REMARKS

 

  • Who is considered an offender?

Offenses under Art. 200 of the Penal Code are misdemeanors, which means the class of entities that may be offenders has not been limited by law. The series of publications refer to people who, with no regard to their sex, are seventeen years old, that is, the age of criminal liability.

  • Who is protected?

An underage person, with no regard of their sex, who at the time of the offence is younger than 15 years old.

  • What is the subject of protection under Art. 200 1 Penal Code?

The relevant regulation protects not only the sexual freedom, but also physical and mental development of underage persons younger than 15 years old treated as subjects in danger of premature sexual initiation or mental development dysfunction. Protection against the consequences of premature maternity and paternity may also be recognized as subject of protection under the relevant regulation.

  • What is the degree of penalty?

Sexual intercourse, other sexual activity with an underage person younger than 15 years old or forcing the said activities shall be punished by imprisonment from 2 to 12 years.

 

  • When does the punishability of the offence expire?

When a victim is an underage person the punishability of the offence does not expire before the victim turns thirty years old.

credits to: Marta Łasowska
translation: Kasandra Jakubowska

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