Vol 86, No 10 (2015)
ARTICLES
Selected legal aspects of the protection of the unborn child in the light
of the draft amendment to the Polish Penal Code
Monika Urbaniak, Robert Z. Spaczyński
DOI: 10.17772/gp/59562
·
Ginekol Pol 2015;86(10).
Vol 86, No 10 (2015)
ARTICLES
Abstract
Criminal Law Codification Commission, acting at the Ministry of Justice prepared proposals for amendments in the
Polish Penal Code, related to offenses against life and health that were presented to the public in 2013. The draft
provides for the protection of the child in the prenatal stage, introducing a new category of the entity, to be protected,
which is “unborn child” and “unborn child able to live outside the mother’s body”.
These regulations provide for mother’s criminal liability and responsibility of the medical staff (a doctor), as well as the
child’s father to the extent in which he is obliged to take steps aimed at rescuing the fetus. It is doctor’s responsibility
to show particular care for human health and life since a doctor has special medical knowledge and that is regulated
by art. 30 of the act on professions of doctor and dentist.
The proposed rule changes were not brought before the legislature in the current term of the Sejm (2011-2015),
but due to the development of medicine, including obstetrical ultrasound, which enables visualization of a child that
moves in the womb and is treated as a separate entity with distinct personal features the grounds are given for the
opinion that the issue of the legal status of the unborn child, particularly in the context of causing death of a child
in the last phase before birth as a result of medical malpractice or other external factors will be back in the public
discussion.
Abstract
Criminal Law Codification Commission, acting at the Ministry of Justice prepared proposals for amendments in the
Polish Penal Code, related to offenses against life and health that were presented to the public in 2013. The draft
provides for the protection of the child in the prenatal stage, introducing a new category of the entity, to be protected,
which is “unborn child” and “unborn child able to live outside the mother’s body”.
These regulations provide for mother’s criminal liability and responsibility of the medical staff (a doctor), as well as the
child’s father to the extent in which he is obliged to take steps aimed at rescuing the fetus. It is doctor’s responsibility
to show particular care for human health and life since a doctor has special medical knowledge and that is regulated
by art. 30 of the act on professions of doctor and dentist.
The proposed rule changes were not brought before the legislature in the current term of the Sejm (2011-2015),
but due to the development of medicine, including obstetrical ultrasound, which enables visualization of a child that
moves in the womb and is treated as a separate entity with distinct personal features the grounds are given for the
opinion that the issue of the legal status of the unborn child, particularly in the context of causing death of a child
in the last phase before birth as a result of medical malpractice or other external factors will be back in the public
discussion.
Keywords
unborn child / Polish Penal Code / medical responsibility /, / legal protection
Title
Selected legal aspects of the protection of the unborn child in the light
of the draft amendment to the Polish Penal Code
Journal
Ginekologia Polska
Issue
Vol 86, No 10 (2015)
Page views
653
Article views/downloads
1812
DOI
10.17772/gp/59562
Bibliographic record
Ginekol Pol 2015;86(10).
Keywords
unborn child / Polish Penal Code / medical responsibility /
/ legal protection
Authors
Monika Urbaniak
Robert Z. Spaczyński