Colloquia Theologica Ottoniana (Jan 2022)
Wytyczne Konferencji Episkopatu Polski dotyczące dochodzenia wstępnego w przypadku oskarżeń duchownych o czyny contra sextum wobec małoletnich. Glosa do obowiązujących przepisów
Abstract
The protection of minors and their equivalents is one priority of current church legislation. The norms regulating the procedure in cases of reports of clerical sexual crimes against children and adolescents are present in both general and particular legislation. Acting under the order of the Congregation for the Doctrine of the Faith, the Polish Bishops’ Conference issued guidelines in 2014 on preliminary canonical investigations of clerical accusations regarding acts against the sixth commandment of the Decalogue with a minor under the age of eighteen. These guidelines were subsequently amended twice in 2017 and 2019. They contain standards for the appropriate response to reports of crimes contra sextum with minors committed by clergy or other persons acting in the church structures. They also regulate the procedures for providing assistance to victims and define the principles of prevention and formation for the priesthood and religious life. For this reason, they pursue the goals indicated by the Holy See’s Dicastery; however, the legislation included errors that may cause difficulties in interpreting and applying the guidelines. There are noticeable terminological inaccuracies and inconsistencies with the norms of common law. They mainly concern the material scope of crimes contra sextum with minors and the entity capable of committing such crimes. They also appear in the area of formal law, in particular the rules of conducting preliminary investigations. There are also noticeable inconsistencies with the Polish penal code. It seems necessary to amend the Guidelines so that they are consistent with the common law, particularly with the amended Book VI of the Code of Canon Law which contains penal norms. It is worth focusing on assistance to victims and the prevention and methods of dealing with perpetrators of sexual crimes against minors and their equated persons.
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