Poland’s Ombudsman has responded to concerning data revealing approximately 10% of domestic violence and violence against women cases are conditionally dismissed.
Data on Dismissed Cases
Around 10 percent of criminal proceedings concerning domestic violence and violence against women (Art. 207 par. 1 of the Penal Code) end with conditional dismissal, according to information received by the Office of the Ombudsman.
In 2024, courts conditionally dismissed proceedings in 1172 cases of this crime, and issued dismissal rulings in 141 cases due to the minor social harm of the act. These figures require verification and updating with 2025 data.
Ombudsman’s Request for Data
The Ombudsman has requested detailed statistical data from the Minister of Justice regarding the punishability of domestic violence and violence against women, to examine the effectiveness of criminal sanctions in these cases.
European Law and Conditional Dismissal
The Ombudsman emphasizes that adherence to broadly understood European law should limit the possibility of conditional dismissal in cases involving physical or psychological abuse of a close person or someone in a permanent or transient relationship (Art. 207 par. 1 of the Penal Code).
Istanbul Convention and Legislative Action
Ombudsman Marcin Wiącek points to the need to analyze and assess whether the Istanbul Convention requires further legislative or non-legislative action for its implementation. Article 45 of the Convention states that parties must take necessary legislative or other measures to ensure that offenses under the Convention are subject to effective, proportionate, and deterrent sanctions, considering their severity.
Additionally, Article 10 of Directive 2024/13854 on combating violence against women and domestic violence requires the introduction of “effective, proportionate and deterrent penalties.”
Aggravating Circumstances
Article 11 of the directive lists aggravating circumstances, such as: committing the offense against a former or current spouse or partner; committing the offense by a family member or person cohabiting with the victim; and committing the offense by abusing a recognized relationship of trust, authority, or influence.
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