Procedural aspects of penalization of incest Cover Image

Procesowe aspekty związane z penalizacją kazirodztwa
Procedural aspects of penalization of incest

Author(s): Roksana Wszołek
Subject(s): Law, Constitution, Jurisprudence, Criminal Law
Published by: Stowarzyszenie Mage.pl
Keywords: Incest;penal proceeding;penalization of incest

Summary/Abstract: The article discusses the rationality - or rather the lack of it - of penalizing incest, there is a critical analysis of the procedural aspects of this crime. The arguments of a procedural nature, according to the author, show that the current regulation of the Penal Code is imperfect. The author points out that, firstly, there may be a significant number of undetected crimes, secondly it is extremely difficult to prove the fact of commit this crime, thirdly there are not any victims in this type of crimes, because the Penal Code penalizes voluntary sexual relations of adults and, fourthly, there are disscussed arguments for the biological-medical sphere. The arguments analyzed are confronted with the opinions of the representatives of the doctrine, which more emphasizes their legitimacy. The author postulates the removal of incest from the catalog of crimes.

  • Issue Year: 20/2019
  • Issue No: 4
  • Page Range: 49-57
  • Page Count: 9
  • Language: Polish