<abstract xmlns="http://www.w3.org/1999/xhtml">

<p>This article discusses the issue of so-called forced marriages, the criminalisation of which was introduced into Polish criminal legislation by the Act of 13 January 2023 amending the Code of Civil Procedure and some other acts. Introducing the provisions of Article 191b into the Criminal Code aims to fulfil the obligation arising from Article 37 of the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence of 11 May 2011 (Journal of Laws of 2015, item 961). In addition to outlining the statutory features of new types of crimes, the article addresses issues such as criminal liability, the concurrence of regulations, and the issue of the so-called cultural defence.</p>
</abstract>

This article discusses the issue of so-called forced marriages, the criminalisation of which was introduced into Polish criminal legislation by the Act of 13 January 2023 amending the Code of Civil Procedure and some other acts. Introducing the provisions of Article 191b into the Criminal Code aims to fulfil the obligation arising from Article 37 of the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence of 11 May 2011 (Journal of Laws of 2015, item 961). In addition to outlining the statutory features of new types of crimes, the article addresses issues such as criminal liability, the concurrence of regulations, and the issue of the so-called cultural defence.

Criminalisation of the So-Called Forced Marriage in the Polish Criminal Law

Faculty of Law and Administration of Cardinal Stefan Wyszyński University in Warsaw

Ius Novum

This work is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.

{"article-title":"Criminalisation of the So-Called Forced Marriage in the Polish Criminal Law"}

This article discusses the issue of so-called forced marriages, the criminalisation of which was introduced into Polish criminal legislation by the Act of 13...

Criminalisation of the So-Called Forced Marriage in the Polish Criminal Law

Publié en ligne: 10 juin 2024

Pages: 35 - 53

DOI: https://doi.org/10.2478/in-2024-0003

Mots clés
Istanbul Convention, forced marriage, relationship corresponding to a marriage in the perpetrator’s religious or cultural environment, violence, unlawful threat, abuse of the relationship of dependence, use of a critical situation, deception, cultural defence

© 2024 Julia Kosonoga-Zygmunt, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.

Criminalisation of the So-Called Forced Marriage in the Polish Criminal Law

Publié en ligne: 10 juin 2024

Pages: 35 - 53

DOI: https://doi.org/10.2478/in-2024-0003

Mots clésIstanbul Convention, forced marriage, relationship corresponding to a marriage in the perpetrator’s religious or cultural environment, violence, unlawful threat, abuse of the relationship of dependence, use of a critical situation, deception, cultural defence

© 2024 Julia Kosonoga-Zygmunt, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.

Mots clés
Istanbul Convention, forced marriage, relationship corresponding to a marriage in the perpetrator’s religious or cultural environment, violence, unlawful threat, abuse of the relationship of dependence, use of a critical situation, deception, cultural defence