Polish law criminalizes husbands who assist in illegal abortions while exempting women from liability for terminating their own pregnancies.
Abortion in Poland: Key Principles
In Poland, abortion is prohibited except in situations specified by law. The conditions for permissible termination of pregnancy were indicated by the legislature in Article 4a of the January 7, 1993 Act on family planning, protection of the human fetus and conditions for the permissible termination of pregnancy.
When is Abortion Legal in Poland? The Only Two Cases Permitted by Law
According to Article 4a of the Act, it indicates when termination of pregnancy is permissible. The law states that this is legal only in two cases: when the pregnancy poses a direct threat to the woman’s life or when it results from a criminal act. In any other situation, termination of pregnancy – even with the woman’s consent – constitutes a prohibited act.
Risk of Legal Consequences: What Penalties Apply for Helping in Illegal Abortion?
Criminal liability is regulated by Articles 152 and 153 of the Penal Code. The first of these relates to abortion with the consent of the pregnant woman, but in violation of the provisions of the Act on family planning, protection of the human fetus and conditions for the permissible termination of pregnancy.
The second provision concerns situations where pregnancy termination occurs without the woman’s consent or when consent was obtained through violence, threat or deception. In such cases, sanctions are harsher – the perpetrator faces imprisonment from 6 months to 8 years, and when the conceived child has achieved the ability to live independently outside the pregnant woman’s body, the penalty is imprisonment from 1 year to 10 years.
Why Doesn’t a Woman Face Criminal Liability for Abortion? Legal Justification for Asymmetry
In the Polish legal system, a pregnant woman is not treated as the perpetrator of a crime under Article 152 of the Penal Code. This means the pregnant woman does not bear criminal liability for the termination of her pregnancy, even if it occurs outside the statutorily permissible grounds.
The legislature justifies this solution by protecting the woman as a subject in a special health and life situation. “In the Polish legal order, criminal liability for the termination of pregnancy has been constructed asymmetrically. A pregnant woman does not bear criminal liability for having an abortion, even if it takes place outside the statutorily admissible grounds,” says Ewelina Zawiślak, a lawyer running her own office.
Husband or Partner as Perpetrator: When Does Help Become a Crime?
The situation is different for third parties. A husband or partner can be charged with assisting in the termination of pregnancy in violation of the provisions if, for example, he provides the woman with funds or equipment for the abortion, or directly participates in the procedure.
“From the point of view of criminal law, it doesn’t matter that he acts with the consent and in agreement with the woman – what is crucial is that he facilitates the prohibited act. The status of spouse does not constitute any exclusion of liability here. The woman’s decision remains outside penalization, while the person who implements this decision or helps in it in a manner contrary to the law exposes themselves to criminal liability,” informs the lawyer.
The Line Between Support and Criminal Liability
This model of responsibility shows a clear asymmetry in Polish criminal law – the woman is not liable for terminating her own pregnancy, but third parties, including the husband, may face consequences under criminal law, even if they act with her consent or at her request. In practice, this means that a partner’s support may be classified as assistance in a crime.