Abstract 21:25-44

Tomkiewicz, Małgorzata (2013) Incest Offence and the Legal-Criminal Protection of the Family in Poland. „Profilaktyka Społeczna i Resocjalizacja” 21: 25-44.



The paper discusses the prohibition of incest, assessed from the perspective of consensual sexual behaviors between adult members of the family. It details a subject-object analysis of the crime defined in Article 201 of the Criminal Code and the ratio legis of this legal norm. We aim at answering whether the incest prohibition as defined in applicable legislation ensures a sufficient legal-criminal protection of the family in this respect and whether the obligation to protect the family included in Article 18 of the Polish Constitution materializes the norm set forth in the legal provision which is subject to our analysis.



incest, family, penal law