Age of Consent - Poland
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POLAND
Source: http://www.actwin.com/eatonohio/gay/world.htm
POLAND LAWS: 1. Has no sodomy laws, the age of sexual consent is 15 for
all, but it is a general offence to induce another person to sexual acts by abusing a
dependency or a situation of distress, punishable with up to five years imprisonment.
Homosexual prostitution is legal.
2. The constitution restricts marriage to heterosexual couples only.
3. Donor insemination is available only to married couples.
Source: http://www.interpol.int/Public/Children/SexualAbuse/NationalLaws/
Poland - Pologne - Polonia
varsovie
I. Ages for legal purposes
Age of simple majority The legal age of majority is eighteen (18) years.
Age of consent for sexual activity
The legal age of consent for sexual activity is fifteen (15) years. If a person over
eighteen (18) years
aged, has sexual intercourse with a person under fifteen (15) (even with his/her consent),
only the
person over eighteen (18) may be punished, not the juvenile.
Age of consent for marriage
The legal age of consent for marriage is eighteen (18) years for women and twenty-one (21)
years for
men. In case of important reason, the age can be lowered by the Family Court to sixteen
(16) years
for women and eighteen (18) years for men.
II. Rape
Concerning sexual intercourse with a child involving the use of violence, the Polish Penal
Code, which is in use
currently, provides the following
Article 167 :
Paragraph 1 :
" Whoever, with the use of force, threat or ruse, induces an other person to submit
himself to the
lustful act or to complete such an act, may be punished with imprisonment from 1 year to
10
years. "
Paragraph 2 :
" If the perpetrator acts with special cruelty or commits the offence of rape
together with other
persons, he may be punished with at least 3 years’ imprisonment. "
The new Polish Penal Code, coming into force in 1998, provides the following changes
(article 197) :
Paragraph 1 :
" Whoever, with use of force, threat or ruse, induces an other person to have sexual
intercourse,
may be punished with imprisonment from 1 to 10 years. "
Paragraph 2 :
" If the perpetrator, as described in the first paragraph of the same article,
induces an other
person to submit himself to another sexual act or to complete such an act, may be punished
with
imprisonment from 3 months to 5 years. "
Paragraph 3 :
" If the perpetrator acts with a special cruelty or commits the act of rape together
with other
persons, he may be punished with imprisonment from 2 years to 12 years. "
III. Other forms of child sex abuse
‘Sexual intercourse without the use of violence’
Article 176 :
" Whoever commits a lustful act against a person under fifteen (15) years of age, may
be punished
with imprisonment from 1 to 10 years. "
Article 177 :
" Whoever commits a lustful act in presence of a person under fifteen (15) years of
age or in
public, may be punished with imprisonment up to 1 year, limitation of liberty or a fine.
"
The new Polish Penal Code, coming into force in 1998, provides the following (article 200)
:
" (1) Whoever induces a person under fifteen (15) years of age to have sexual
intercourse or to
submit himself to other sexual acts or to complete such a sexual act, may be punished with
imprisonment from 1 to 10 years.
(2) The same punishment is provided for recording pornographic scenes in presence of a
person
aged under fifteen (15). "
‘Sexual intercourse with a child committed by a person related to the child’ :
" Whoever has sexual intercourse with a next-of-kin, a brother, a sister or an
adopted person,
may be punished with imprisonment from 6 months to 5 years. "
The new Polish Penal Code, coming into force in 1998, provides the following (article 201)
:
" Whoever has sexual intercourse with a next-of-kin, adopted or adopting person, a
brother or a
sister, may be punished with imprisonment from 3 months to 5 years. "
IV. Child prostitution
We should mention that the age of the victim has no significance here. It is to say,
article 174, paragraph 1 and 2
punishes prostitution in general, without making the distinction whether or not it
concerns children.
Article 174 :
" (1) Whoever induces an other person to work as a prostitute, may be punished with
imprisonment from 1 to 10 years.
(2) The same punishment may be imposed to a person who receives gain form other
person’s
prostitution or facilitates for another to work as a prostitute. "
The new Polish Penal Code, coming into force in 1998, provides the following (article 204)
:
" (1) Whoever, for gain, induces an other person to work as a prostitute or
facilitates to do so,
may be punished with imprisonment for up to 3 years.
(2) The same punishment may be imposed to a person who receives the gain from other
person’s
prostitution.
(3) If the victim indicated in paragraph 1 or 2 is under fifteen (15) years of age, the
perpetrator
may be punished with imprisonment from 1 year to 10 years. "
V. Child pornography
We should mention that the age of the victim has no significance here.
Article 173 :
" (1) Whoever disseminates press, documents, photographs or other objects
representing
pornographic scenes, may be punished with imprisonment for up to 2 years, limitation of
liberty
or a fine.
(2) The same punishment may be imposed to a person who, in order to disseminate, makes,
stores,
brings, sends or transports such press, documents or photographs. "
The new Polish Penal Code, coming into force in 1998, provides the following (article 202)
:
" (1) A person who publicly represents pornographic scenes against the subject’s
will, may be
punished with a fine, limitation of liberty or imprisonment for up to 1 year.
(2) A person presenting pornographic scenes to a subject under fifteen (15) years of age
or
providing pornographic objects, may be punished with a fine, limitation of liberty or
imprisonment for up to 2 years.
(3) A person who produces pornographic scenes with the participation of a person under
fifteen
(15) years of age or using violence or animal in order to disseminate or import them, may
be
punished with imprisonment from3 months to 5 years. "
Date Sat, 01 Jan 2000
Just want add more information about age of consent in Poland. The age is still 15 and it is the same age for any sexual intercourse or ather sexual relations, for example touching and kissing , it doesn't meter if it is homo or heterosexual, betwen male or female. It is always 15!. So You can highlit it for red colour. The imprisonment is from 1 year to 10 years. It may be even 15 (maximum) if a person has many sexual intercourse with different minor for a long time.
Hello, I am dr Jaroslaw Warylewski, Assistant Professor of Criminal Law in University
of Gdansk - Law Faculty (in Poland).I want exchange with You opinions and sources about
sexual offences.
Article 200 § 1 of Polish Penal Code (further p.c.):
"Any person who lead a child under the age of 15 to sexual
intercourse either to submit or to perform any other sexual conduct, shall be punished by
imprisonment for between 1 and 10 years"
Article 200 § 2:
'The same punishment shall apply to any person who record pornografic
material with this child"
This penal incrimination is protecting both sex - male and female. Attempt to comit this crime is also punished. Actor may be male or female. It doesn't mater. The article 200 § 1 isn't definition of child sexual abuse or child sexual harassment. It protect child (any person under age 15) of any sexual experience The age of normal penal liability in Poland is 17 (art. 10 § 1 p.c.).
Date: Sun, 13 Dec 1998 23:41:43
To: research@ageofconsent.com
Subject: age of consent in Poland
I am a dr of law in Uniwersity of Gdansk. My subject - substantial criminal law. In Poland the age of consent is 15. The age is in article 200 § 1 polish penal code. It is 15 from 1932 and now. --
Jaroslaw Warylewski
mail to: waryl@panda.bg.univ.gda.pl
http://panda.bg.univ.gda.pl/~waryl
article 200 § 1 of polish penal code "Kto dopuszcza sie czynu lubieznego wzgledem osoby ponizej lat 15, podlega karze pozbawienia wolnosci od roku do lat 10"
EDITOR'S NOTE: None of us speak Polish, so we must assume this information to be accurate. Source is noted above.
---------------------
Updated E-mail:
Subject: Polish law
Date: Thu, 25 Feb 1999 00:46:47 +0100
From: "Rik Wanders" <hwanders@casema.net>
"Kto dopuszcza sie czynu lubieznego wzgledem osoby ponizej lat 15, podlega karze
pozbawienia
wolnosci od roku do lat 10" probably means:
"Who engages in sexual activity with a person below the age of 15, will be
encarcerated up to 10 years"
Updated E-mail:
Subject: Polish Age of Consent
Date: Tue, 5 Oct 1999 23:44:51 -0600
From: [removed]
To: <research@ageofconsent.com>
I would like to confirm that the translation in the second e-mail for the
Polish Age of Consent page is accurate, however there is one minor detail
missing. The first e-mail's source actually specifies encarceration for a
MINIMUM of one year, up to ten years. The translation simply states 'up to
10 years', and does not include that minimum time.