KAZIRODZTWO W POLSKIM PRAWIE KARNYM. PYTANIE O DALSZY SENS ISTNIENIA REGULACJI
INCEST IN POLISH CRIMINAL LAW. THE QUESTION OF THE CONTINUED EXISTENCE OF THE REGULATION

Summary/Abstract: Background: The subject of the present study is a critical analysis of Article 201 of the Polish Penal Code of 6 June 1997. The article attempts to systematise the reasons most frequently indicated in the Polish literature for the validity of prohibiting sexual intercourse between the subjects indicated in this provision and to demonstrate the inconsistencies that exist in this area. The author also focused on the realisation of criminal law’s function in protecting this norm that is the subject of this study and the scope of behaviour covered by this type of prohibited act. Research purpose: The research objective is to establish the ratio legis for the existence of Article 201 of the Polish Penal Code and to assess the functioning of this regulation in an unchanged form since the Penal Code came into force, in particular in the context of realising the protective function of criminal law, as well as to formulate a postulate de lege ferenda. Methods: The study uses a dogmatic-legal method, consisting of an analysis of the legal norms contained in the Penal Code, as well as a theoretical-legal method (analysis of commentaries, monographs, articles, case law) and, to the necessary extent, a historical-legal method. Conclusions: The validity of Article 201 of the Penal Code adopted by the Polish legislator in the Penal Code of 1997 has no clear justification, and the rationale for the validity of this norm, most frequently indicated in the literature, is not coherent. The postulated changes suggesting the repeal of the provision in question or indicating the necessity to amend it have a basis in the current legal system. The implementation of one of these postulates would make it possible to remove the existing gaps and inconsistencies created as a consequence of the introduction of Article 201 to the Polish Criminal Code

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