Administrative data sources on GBV in
Administrative data sources
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Administrative data sourcePolandViolence, Justice
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Statistical products
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Statistical productPolandViolence
Raport dotyczy interwencji prowadzonych na zlecenie Ministerstwa Sprawiedliwości
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Statistical productPolandViolence
Przemoc w rodzinie. Diagnoza zjawiska I reakcja organów wymiaru sprawiedliwośći
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Statistical productPolandViolence
Statystyki dotyczące przemocy wrodzinie
Legal Definitions
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PolandGeneral legal definitionViolence, JusticeLegal provisions on protection orders:
As for June 2013 no legal definition on Violence Against Women Exists in Polish law
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PolandViolence, JusticeIntimate Partner Violence
The physical and psychological ill-treatment of the person related or remaining in the ongoing, unchanging relationship of dependency.
Domestic Violence: Article 2 paragraph 2 of the Counteracting Violence Against Women Act (2010): “one-time or prevalent intentional action or lack of action which violates rights or personal goods of the people mentioned in article 1 (see below), in particular exposing these persons to the of the loss of their life, health, violation of dignity, physical integrity freedom, including sexual freedom, resulting in the loss of physical and psychological health, resulting in suffering and moral injuries to people exposed to violence” Article 2 paragraph 1: family member- should be understood as closest person understood according to article 115 § 11 Criminal Code (6 June 1997 r) or any other person leaving or sharing a household.
ObservationsAbuse: Criminal Code, Article 207
Legal Source:Criminal Code, Article 207
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PolandViolence, JusticeRape
Whoever, by force, illegal threat or deceit subjects another person to sexual intercourse shall be subject to the penalty of the deprivation of liberty for a term of between 2 and 12 years.
ObservationsSpecial circumstances of rape (in the same legal provision):
- If the perpetrator, in the manner specified in § 1, makes another person submit to other sexual act or to perform such an act, he shall be subject to the penalty of the deprivation of liberty for a term of between 6 months and 8 years.
- If the perpetrator commits the rape 1) in common with another person, 2) against a minor under 15 years of age, 3) against an ascendant, descendant, or a person being adopted, or brother or sister, he shall be subject to the penalty of deprivation of liberty for a minimum term of 3 years.
- If the perpetrator of the crime specified in § 1 - 3 acts with particular cruelty, he shall be subject to the penalty of deprivation of liberty for a minimum term of 5 years.
Legal Source:Criminal Code,Article 197
Legal provisions on protection orders:See Criminal Code, Articles 39 and 41a
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PolandViolence, JusticeSexual Assault (excl. rape)
If the perpetrator, in the manner specified in paragraph 1, makes another person submit to other sexual acts or to perform such an act, he shall be subject to the penalty of the deprivation of liberty for a term of between 6 months and 8 years.
Legal Source:Criminal Code, Article 197
Legal provisions on protection orders:Criminal Code, Article 39 and 41a
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PolandViolence, JusticeSexual Harassment
While not being a criminal offence in itself, sexual harassment can be prosecuted under Articles 198 and 199 of the Criminal Code.
- Article 198 Whoever, taking advantage of the vulnerability of another person, or of the lack of ability to recognise the significance of the act or ability to control his/her conduct, resulting from mental disability or disorder, subjects such a person to sexual intercourse or makes him/her submit to another sexual act or to perform such an act shall be subject to the penalty of the deprivation of liberty for a term of between 6 months and 8 years.
- Article 199 § 1. Whoever, abusing a relationship of dependence or by taking advantage of a critical situation, subjects such a person to sexual intercourse or makes him/her submit to another sexual act or to perform such an act shall be subject to the penalty of deprivation of liberty for up to 3 years. § 2. If the act specified in §1 was committed against a minor, the perpetrator shall be subject to the penalty of deprivation of liberty for a term of between 3 months and 5 years. § 3. The punishment specified in § 2 shall be imposed on anyone, who subjects a minor to sexual intercourse or makes him/her submit to another sexual act or to perform such an act by abusing a trust or by giving a material or personal benefit or promise to provide it.
Article 18 §6 of Labour Code: Discrimination based on gender is any undesired behaviour of a sexual nature or referring to the employee’s gender whose aim or effect is violation of the employee’s dignity, especially creating a threatening, hostile, humiliating, degrading atmosphere; such behaviour can be comprised of physical, verbal and non-verbal elements (sexual harassment; § 6).
Legal Source:Criminal Code, Articles 198 and 199
Legal provisions on protection orders:Criminal Code, Article 39, 41a; Labour Code; Antidiscrimination Law (The Law on implementing some of the European Union Laws on equal Treatment)
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PolandViolence, JusticeStalking
Who, by means of stalking another person or persons who are close to her, causes in this person a justified sense of threat or significantly violates her privacy, is liable to a penalty of the deprivation of freedom for up to three years.
ObservationsIf the consequences of an act determined in § 1 or 2 is the injured person’s attempt to commit suicide, the perpetrator is liable to a penalty of the restriction of freedom from one year to ten years (Article190a §3).
Legal Source:Criminal Code, Article190a §1
Legal provisions on protection orders:Criminal Code, Article 41a §1
Literature and legislation
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PolandHealth, Violence
Country of origin: INT Q1. Does the document discuss/deal with…...
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PolandHealth, Violence
Country of origin: INT Q1. Does the document discuss/deal with…...
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PolandHealth, Violence
Country of origin: INT Q1. Does the document discuss/deal with…...