DZIECIOBÓJSTWO – KONTROWERSJE WOKÓŁ ARTYKUŁU 149 KODEKSU KARNEGO
INFATICIDE – CONTROVERSE ON THE ARTICLE 149 OF THE POLISH CRIMINAL CODE

Summary/Abstract: The paper consists of three main parts. The first one describes a historical view on the problem of infanticide, its functions and ways it was regulated in different legal acts as well as the way by which perpetrators were treated by law and by the societies they lived in. The second part shows the way when infanticide was regulated in the Polish regulations starting from the Criminal Code of 1932, through the Criminal Code of 1969, to the Criminal Code of 1997. A special attention is paid to a short period of the years 1997–1998 when the article 149 had a very specific shape which differs it from a traditional way it was always regulated. Instead of defining infanticide only as a deed of a mother who kills her newly born child within the time of delivery and under the influence it has on her, legislator decided to add more circumstances which justify a strong emotional experience that leads to a decision of a child killing. This part is, therefore, trying to explain some important problems it brought – especially with such notions as: “the course of the delivery”, a “significant malformation” of a child or “a particularly difficult personal situation” of a mother that are used in the article. The third part tries to answer whether going back to the regulation which was well consolidated in the Polish legal tradition means that the problems with interpreting and using the article 149 in practice disappear. It shows that there are still some important issues that are especially connected with using such notions as “the time of delivery” and “under the influence of delivery”. The paper is not to adjudge all the matters that occur but it is just trying to make them visible.

• Details
• Contents