The Office of the Attorney General has published guidelines for prosecutors on how to handle cases involving refusals to terminate a pregnancy and medical abortion, according to the National Prosecutor’s Office. The guidelines emphasize maintaining the highest standards of professionalism when questioning women and clearly assessing the consequences that arise from refusing to perform an abortion.
Information about the new guidelines from Attorney General Adam Bodnar appeared on the National Prosecution Service website on Friday evening.
These guidelines are one tool through which the Attorney General guides the work of the public prosecutor’s office. They are designed to help prosecutors fulfill statutory duties and to lift the overall quality of prosecutorial work. In essence, they do not alter the law but support prosecutors in their daily tasks, as noted by the Public Prosecutor’s Office spokesperson Anna Adamiak.
The document explains that the aim is to unify the standards for handling preparatory procedures in cases involving a refusal to perform an abortion. The guidelines were produced by a team of prosecutors who studied 590 preparatory cases from district and county offices, spanning January 1, 2016 to December 31, 2023, and concluding with substantive decisions.
The public statement also highlighted that proper interpretation of the 1993 law on family planning, protection of the human fetus, and the conditions for the admissibility of abortion is essential for this line of work. By law, the Public Prosecutor’s Office prosecutes offenses under Article 152 of the Criminal Code. This covers situations where performing or assisting in an abortion, even with the woman’s consent, violates the law when the admissibility criteria are not met. The 1993 law specifies these exceptions as threats to the life or health of the pregnant woman, irreversible serious harm to the fetus, or a pregnancy resulting from a prohibited act such as rape or incest.
The guidelines underscore that this area touches the most intimate aspects of a woman’s life and her rights and freedoms. Prosecutors are urged to maintain reliability and professionalism throughout their procedures. When a woman who has consented to an abortion is questioned, her dignity must be respected and she should not be victimized.
The Attorney General notes that the offense under Article 152, paragraph 2, is a formal one. It involves assisting a pregnant woman to terminate a pregnancy or persuading her to do so in violation of the rules. Prosecutors must show that the elements of this act were directed at a specific, identifiable woman, regardless of whether the abortion actually occurred. General information about abortion risks does not, in itself, create criminal liability, the office explained.
In cases where a medical professional refuses to perform a legal abortion and the outcome affects the pregnant woman under Articles 155 to 157 and 160 of the Criminal Code, prosecutors should consider informing the appropriate District Professional Responsibility Commissioner. They should also notify the Patient Ombudsman and the local National Health Fund branch with which the institution has an agreement for gynecological and obstetric care services.
The guidelines apply to all stages of preparatory proceedings, including initiating proceedings, evidentiary actions, substantive decisions, and, if an indictment follows, the court process. They also cover liability for attempting or assisting in terminating a pregnancy abroad or receiving such assistance abroad.
The Bodnar proposals were reportedly given a positive assessment by the National Council of Prosecutors, which is linked to the Attorney General. Historically in Poland, until the 2020 Constitutional Court ruling, abortion was allowed in three scenarios: when the pregnancy threatened the woman’s life or health, when it stemmed from a prohibited act, or when there was a justified suspicion of serious and irreversible fetal abnormalities. The third premise was questioned by the Court in October 2020.
The guidelines raise a topical question about whether prosecutors will pursue doctors who refuse to perform abortions for various reasons. Reading the Attorney General’s guidelines makes this question a reasonable one to ask.
This summary is based on information released by official channels and reported coverage from public outlets at the time of publication.