The criminal law aspects of abortion in the light of (not) new interpretation challenges

Abstract

The aim of this article is to draw attention to interpretation problems which are integrally connected to the criminal law typification of the behaviour involving the illegal abortion, with the consent of the pregnant woman (Article 152§1 of the Polish Penal Code). By analysing this issue, attention was brought not only (de lege lata) to the prerequisites legalising abortion and lack of responsibility of the pregnant woman for an illegal abortion, but also to the de lege ferenda requirements developed in regards to these issues. In the considerations undertaken in the article, there is also an analysis of the issue of the so-called cross-border abortion, as well as of the criminal law status of a pregnant woman who, having willingly undertaken the abortion procedure, later submits a statement expressing the intention to act as an auxiliary prosecutor, as a replacement party (Article 52§1 of the Polish Code of Criminal Procedure).