Problemy artykułu 156a § 1 Kodeksu karnego (kryminalizacja sui generis podżegania do czynu legalnego)
Problems of Article 156a § 1 of the Criminal Code (Sui Generis Criminalization of Incitement to a Legal Act)

Summary/Abstract: The article concerns the prohibited act under Article 156a § 1 of the Polish Criminal Code added by the Act of 13th January 2023 amending the Act – Polish Code of Civil Procedure and certain other acts, as a result of the implementation of the Istanbul Convention, which consists in persuading another person to cause upon this person grievous bodily harm in the form of excision, infibulation or other permanent and substantial mutilation of a female genital organ (FGM/C). Persuasion, provided for in Article 156a § 1 of the Polish Criminal Code, refers to causing a legal (not only unpunishable, but also non-unlawful) act, at least in the context of self-mutilation by the persuaded person. The prohibited act under Article 156a § 1 of the Polish Criminal Code constitutes sui generis incitement, because – contrary to the regulation of Article 18 § 2 of the Polish Criminal Code – an act to which the perpetrator persuades is not a ‘prohibited act’ but a legal act, or the persuasion does not concern ‘another person’, but holder of a legal good (interest) itself. Thus, Article 156a § 1 is an example of the criminalisation of complicity in a legal act, which raises problems and questions that are important for substantive criminal law.

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