Sexual abuse of minors by clergyman - selected criminal aspects in the canonical and Polish legal order

Abstract

Objectives The aim of the study was to present the criminalization of the act of sexual abuse of minors by clergy and to outline the relationship between the provisions protecting minors in force in the canonical and Polish legal order. Moreover, demonstrating that the two legal systems complement each other by having the tools to hold the perpetrators of crimes accountable and punishing them for ailments appropriate to their specificity. Material and methods The dogmatic-legal and historical-legal methods were used. Results It has been shown that under canon law, the protection of minors against sexual abuse by clergy is ensured by can. 1398 of the Code of Criminal Procedure, while in Polish law this is primarily served by Art. 200 of the Penal Code The severe criminalization of sexual abuse of minors, both in canon law and in Polish criminal law, indicates that both lawmakers recognize the seriousness of these behaviors. Both legal systems complement each other, having - each in its own procedural way - tools for bringing the perpetrators of crimes to account and imposing penalties for ailments appropriate to their specificity. Conclusions The perpetrator of the sexual abuse of a minor may be held liable both by the competent church and state authorities. In view of the above, first of all, it is important for the Church to notify state bodies about cases of sexual abuse of minors known to it and to provide the documentation collected in the canonical process, so that it becomes fully for the social sense of justice.

Keywords

• pedophilia
• canon law
• sexual abuse of children by clergy
• criminal law
• sexual abuse