Formacja do kapłaństwa a przeciwdziałanie nadużyciom seksualnym osób duchownych wobec małoletnich – kilka uwag z perspektywy regulacji prawnych obowiązujących w Polsce
Formation to priesthood and prevention of child sexual abuse by the clergy – some remarks from the perspective of legal regulations applicable in Poland

Summary/Abstract: On December 8, 2016, The Congregation for the Clergy published new Ratio fundamentalis institutionis sacerdotalis, which in point 202 draws the attention to the necessity to take appropriate measures intended to prevent child abuse by the clergy through, inter alia, implementing specific classes, seminars or courses on protection of minors at the stage of education and forming the candidates to the priesthood. This fact raises the question of a possible need to incorporate elements of secular law within the scope of liability for criminal offenses comprising sexual abuse of minors in the program for education of future priests. This question seems particularly relevant for three reasons. Firstly, due to the fact that under current principles of priestly formation in Poland, such a subject has not been included in the curriculum of higher seminars. Secondly, due to the fact that publishing new Ratio fundamentalis implies development of new national Ratio by Episcopal Conferences, and this in turn provides a possibility to take a fresh look at Ordo studiorum, so the list of subjects stipulated in the intellectual formation at each formation stage. Thirdly and finally, due to the fact that as of July 13, 2017, the Polish legislator amended art. 240 of the Criminal Code, imposing at every person (including the clergy) a legal obligation – under the threat of penalty of imprisonment of up to three years – to inform law enforcement about each case of attempting to or commitment of, inter alia, the crime of pedophilia, rape of a minor below the age of 15 as well as sexual abuse of vulnerable or mentally incompetent persons. So, taking into account current social and legal implications in Poland, would it not be justified to introduce elements of secular criminal law regarding the above-mentioned matter to the formation of seminarians. The article constitutes an attempt to answer this question.

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