The Attorney General’s Office has issued guidelines for prosecutors on handling cases involving refusal to terminate a pregnancy and medical abortion, the National Prosecutor’s Office reports. Prosecutors must, among other things, maintain “the highest professionalism” when questioning women and reliably determining the consequences of refusing to perform an abortion.
Information about Attorney General Adam Bodnar’s new guidelines for prosecutors was published on the website of the National Prosecution Service on Friday evening.
The guidelines are one of the forms of management of the public prosecutor’s office by the Attorney General. They are intended to ensure the proper performance of the statutory tasks and to influence the improvement of the level of work of the prosecutors. In essence, they do not change the applicable law, but play a supporting role in the work of the prosecutor
– recalled PG spokeswoman, prosecutor Anna Adamiak, in a statement.
As we read, the purpose of the guidelines is to “unify standards for conducting preparatory procedures” in cases involving the refusal to perform an abortion.
They were developed by a team of prosecutors who conducted case file research into 590 preparatory proceedings conducted in district and county prosecutors’ offices between January 1, 2016 and December 31, 2023, ending with substantive decisions.
– added.
The statement of the public prosecutor indicated that the interpretation of the applicable provisions of the law of 7 January 1993 on family planning, protection of the human foetus and conditions for the admissibility of termination of pregnancy is crucial for this type of procedure.
As mentioned, the Public Prosecutor’s Office is required by law to prosecute crimes under Article 152 of the Criminal Code, which provides for criminal liability for performing or assisting in an abortion, even with the woman’s consent, in situations that do not meet the conditions for the admissibility of abortion (according to the 1993 law, these are: threat to the life or health of the pregnant woman, irreversible serious damage to the foetus and pregnancy resulting from a prohibited act).
The methodological guidelines included in the Guidelines take into account the fact that the procedures conducted affect the most intimate sphere of women’s lives and infringe on their rights and freedoms. This should encourage the prosecutor to maintain the highest level of reliability and professionalism in his procedural activities. The questioning of a woman who has consented to an abortion must be carried out with respect for her dignity. It cannot lead to her victimization
– we read.
The Attorney General points out that the offence referred to in Article 152, paragraph 2, WvSr has a formal character, which means that it involves helping a pregnant woman terminate her pregnancy, or persuading her to do so, in violation of the regulations. The public prosecutor must therefore establish that the elements of this act have been exhausted against a specific, identifiable woman, regardless of whether the pregnancy has been terminated. Establishing that abstract information about the possibility of termination of pregnancy has been made public does not give rise to criminal liability
– stated in the announcement of the Public Prosecution Service.
As indicated, in the criminal assessment of a refusal to perform a legal abortion by medical personnel, the prosecutor “is obliged to determine whether this refusal led to the consequences for the pregnant woman under Article 155 of the Criminal Code – death, Article 156 of the Criminal Code – serious harm to health, Article 157 of the Criminal Code – medium and minor harm to health, Article 160 of the Criminal Code – exposure to direct danger of loss of life or health.
This is important because the refusal itself does not constitute a crime
– emphasized.
In the case of refusal to perform an abortion by medical personnel, with consequences for the pregnant woman under Art. 155-157 of the Criminal Code and Art. 160 of the Criminal Code, the prosecutor should consider informing the relevant District Professional Responsibility Commissioner about the procedure. In proceedings concerning the refusal of a legal abortion, the prosecutor should also inform the Patient Ombudsman and the local branch of the National Health Fund with which the medical institution in question has concluded an agreement for the provision of gynecological and medical care services. obstetrics.
– indicates the parquet.
The announcement stressed that the guidelines apply to all stages of preparatory proceedings: the institution of proceedings, evidentiary activities, substantive decisions and, in the case of an indictment, the proceedings before the court.
This also includes issues relating to liability for assistance in terminating a pregnancy abroad and for assistance provided abroad.
– takes note of the public prosecutor’s office.
The guidelines proposed by Bodnar were – as indicated – positively assessed by the National Council of Prosecutors, attached to the Attorney General.
Until the Constitutional Court’s 2020 ruling, abortion was possible in Poland in three cases: when the pregnancy threatened the woman’s life or health, when it resulted from a prohibited act (e.g. rape or incest), or when there was a justified suspicion of serious and irreversible fetal abnormalities. In October 2020, the Constitutional Court questioned the third of these premises.
Would Adam Bodnar encourage prosecutors to prosecute doctors who refuse to perform abortions for various reasons? Unfortunately, after reading the Attorney General’s guidelines, such a question can be seriously asked.
tkwl/PAP
Source: wPolityce
Emma Matthew is a political analyst for “Social Bites”. With a keen understanding of the inner workings of government and a passion for politics, she provides insightful and informative coverage of the latest political developments.