Tarnów diocese bishop Andrzej J. faces trial for failing to promptly report child abuse by two priests to authorities.
Legal Charges
The proceeding against Bishop Andrzej J. concerns suspicion of violating Article 240 § 1 of the Penal Code, which requires persons with credible knowledge of sexual offenses against children to promptly notify law enforcement authorities. Failure to fulfill this obligation carries a penalty of up to three years’ imprisonment.
The prosecution claims that the ordinary of the Tarnów diocese knew about cases of sexual exploitation of minors under 15 by priests Stanisław P. and Tomasz K., but notifications were filed with delay. A spokesperson for the District Prosecutor’s Office in Tarnów emphasized that while reports were submitted, it was not “immediately,” which constitutes a key element of the criminal charge.
Historic Significance
According to investigators, the victims were children under 15, adding weight to the charges. This is the first criminal case in Polish judicial history against a bishop for failing to report pedophile crimes to authorities. Previously, cases of church hierarchs’ liability in Poland were examined primarily in canonical proceedings or by the Vatican, while criminal liability before common courts was rare.
Legal Context
The case is directly related to legal changes introduced in 2017. The amendment to the Penal Code expanded the catalog of offenses that must be mandatorily reported to law enforcement, including sexual exploitation of minors. From a legal perspective, the key concept is “immediacy,” meaning acting without unjustified delay immediately after obtaining credible information about a crime.
Specific Cases
The charges against Bishop Andrzej J. are based on two separate cases concerning priests of the Tarnów diocese. The proceedings against priest Stanisław P. were discontinued in 2022 due to the statute of limitations. The situation differs for priest Tomasz K., against whom the Tarnów prosecutor’s office submitted an indictment to the District Court in Nowy Sącz in December 2024.
Church Response
The Tarnów diocese consistently rejects charges of inaction, stating that reports to authorities were made and actions followed a “zero tolerance” policy toward sexual abuse. Church authorities note that canonical proceedings were conducted in parallel with information provided to the Vatican. The prosecution, however, interprets these actions differently, claiming the obligation should have been fulfilled immediately regardless of parallel proceedings.
Legal Proceedings
The court proceedings have been postponed multiple times. Initially, the Tarnów court applied to transfer the case to another court, arguing local judges might know the accused from official meetings. The Supreme Court rejected this request, stating personal relationships might exclude specific judges but not entire courts. The first hearing is scheduled for February 18, 2026.
Broader Implications
The trial may significantly impact the interpretation of the obligation to report sexual offenses against children. Since 2017, criminal liability applies to all persons with credible knowledge who fail to inform authorities. The Supreme Court has emphasized this obligation applies even when knowledge was acquired before new provisions took effect but not reported afterward.
