APPLICATION OF ARTICLE 240 OF THE PENAL CODE TO OFFENCES AGAINST MINORS

Abstract

On 17 July 2017, the Act of 23 March 2017 amending the Act – Penal Code, the Act on juvenile proceedings and the Act – Code of Penal Procedure entered into force. The legislator’s aim was to increase the level of protection of minors and those helpless due to physical or mental condition. To achieve this objective, changes were introduced in art. 53 § 2 of the Penal Code determining the circumstances aff ecting the sentence and to defi nition of certain types of prohibited acts (articles: 156, 189, 207, 210, 211, 240 of the Penal Code). Th e article discusses issues related to application of art. 240 of the Penal Code to off enses committed against minors. To analyse art. 240 of the Penal Code the author selected and discussed provisions on prohibited acts focused specifi cally on protection of minors below 15 years of age and those which protect anyone, including minors, from the most severe physical and sexual violence. Further considerations focus on the analysis of issues related to the subject and object of the crime, assessment of premises for promptness and reliable information, circumstances abrogating criminal responsibility and doubts related to application of art. 240 of the Penal Code by staff bound by professional secrecy.

Keywords

• penal law
• minors
• victim
• legal duty to report off ences