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The intention of the Polish legislator is to protect not only the life and health of a born person, but also of a conceived human being, using the norm of Article 157a of the Penal Code. This provision is included in Chapter 19 entitled “Crimes against life and health.” It directly follows the regulations concerning a mild, moderate and severe disturbance of health. Despite the structure of the chapter, the provision differs considerably from others serving to protect human life and health. In particular, the difference concerns the scope of protection prior and following birth. It is not possible to indicate all the differences concerning the provision in question. For this reason, our discourse will be limited only to discussing the subjective aspect of the offence under Article157a PC, both the existing regulations and proposals de lege ferenda. It seems correct to assume that in order to ensure effective protection during the prenatal phase and legislative consistency, unintentional bodily harm inflicted on a conceived child or a disturbance of health threatening the child’s life should be subject to criminal liability. To substantiate this proposition, we will analyse the attempts made so far in respect of amendment of Article 157a with regard to the regulation

Contentious Issues Related to the Perpetrator of Bodily Harm or a Disturbance of Health in a Conceived Child