Open AccessThe crime of the so-called prenatal injury and the question of non-punishability of the mother of a conceived child
Author(s) -
Jan Sobiech
Publication year - 2021
Publication title -
opolskie studia administracyjno-prawne
Language(s) - English
Resource type - Journals
eISSN - 2658-1922
pISSN - 1731-8297
DOI - 10.25167/osap.3432
Subject(s) - criminal code , state (computer science) , context (archaeology) , law , criminal law , criminology , political science , psychology , sociology , history , archaeology , algorithm , computer science
The article considers the crime of the so-called prenatal injury, which is stipulated in Article 157a of the Polish Criminal Code. The question of the possibility of unpunished interference of the mother in the body of her unborn child is undoubtedly an important and controversial aspect of modern criminal law, especially in the context of the principles of protecting human life and health. The article also touches on philosophical and legal subjects, namely the moment when a person is created and subsequently protected by the state and law. Finally, the article answers the question whether the current legal status should be maintained and how it could possibly be revised.