A woman who terminates her pregnancy with the woman’s consent within twelve weeks of the pregnancy’s start would not be committing a crime under the bill proposed by the Left. The document, posted on Sejm’s website on Tuesday, outlines this partial decriminalization as part of an amendment to the Criminal Code.
The Left’s proposal would also remove criminal penalties for consensual termination in cases where the fetus faces serious, irreversible damage or an incurable disease. The rationale describes the project as aiming to partially decriminalize abortion-related acts by completely excluding the crime of terminating a pregnancy within the first twelve weeks with the woman’s consent and by excluding criminal liability for terminations when serious fetal harm or an incurable disease is involved. The lead sponsor is Deputy Anna Maria Żukowska.
Under the current Criminal Code, a person who terminates a pregnancy with the woman’s consent in violation of the law faces up to three years in prison. The Left’s bill proposes fines or a restriction of freedom instead. The proposal also seeks to repeal a provision that assigns the same punishment to anyone who helps or encourages a pregnant woman to terminate her pregnancy in violation of the law.
When the fetus is viable outside the womb, only the person who terminates the pregnancy with the woman’s consent would face imprisonment ranging from six months to eight years, while those who assist or encourage the abortion would not be punished as severely under the new framework.
Up to twelve weeks
The bill states that anyone who terminates a pregnancy with the woman’s consent within twelve weeks would not be considered to have committed a crime. The proposed amendment adds that termination would be criminalized if the woman’s consent is coupled with prenatal tests or other medical indications showing a high risk of serious and irreversible harm to the fetus or an incurable disease that endangers the fetus’s life.
Proponents say the changes are partly meant to reflect constitutional social principles. They argue the reform would also support families and close relatives who assist women in making decisions about terminating pregnancies. The supporters frame the measure as a way to align practice with broader social values while addressing practical realities faced by those involved in abortion decisions.
Petitioners emphasize that the bill does not require additional resources from the state budget or extra executive actions and that it is not contrary to European Union law. On Tuesday, the project was forwarded to Parliament’s Legislative Bureau for assessment.
The liberalization of abortion legislation remains a highlighted point in the left’s program. In the Civic Coalition’s election platform, there is a call for abortion to be legal, safe, and accessible up to the twelfth week, with hospitals bound by a conscience clause to provide the service where feasible under the National Health Fund. The current law allows abortion in two scenarios: rape and risk to the woman’s life or health. A third condition, based on prenatal test results indicating a high probability of serious fetal damage, was declared unconstitutional by the Constitutional Court in October 2020, prompting widespread protests supported by women’s rights groups and many politicians from the Civic Coalition and the Left. In response, the Left proposed what it dubbed a “rescue law” – an approach aimed at decriminalizing abortion and related assistance without contravening the court ruling.
In the upcoming legislative term, the Left’s parliamentary group is anticipated to include a specific number of deputies and senators, signaling the party’s continued engagement with abortion policy reform.
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Source: wPolityce