Published: 2022-09-13

The image of incest in the Polish legal order – the fight for the protection of decency or the violation of human sexual freedom?

Marika Jarocka Logo ORCID

Abstract

Incest is an extremely controversial crime today. The main reason for this is not only the lack of consistency as to the subject of protection, but also the threat of violation of the good in the form of sexual freedom by further penalizing incest. The arguments presented by the representatives of the doctrine are not homogeneous – some of them are willing to support the decriminalization of this crime. The article presents the ratio legis of the functioning of the crime of incest in the Polish legal order – taking into account its historical background and comparative legal remarks. The special relationship between morality and sexual freedom was considered in order to demonstrate the legitimacy of criminalizing incest.

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Jarocka, M. (2022). The image of incest in the Polish legal order – the fight for the protection of decency or the violation of human sexual freedom?. Problemy Prawa Karnego, 6(2), 1–20. https://doi.org/10.31261/PPK.2022.06.02.05

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Vol. 6 No. 2 (2022)
Published: 2023-09-15


ISSN: 0208-5577
eISSN: 2353-9712
Ikona DOI 10.31261/PPK

Publisher
Wydawnictwo Uniwersytetu Śląskiego | University of Silesia Press

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