Seminal Debate over Criminal Code Amendment on Termination of Pregnancy

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The Sejm did not adopt the proposed amendment to the Criminal Code, a legislative project aimed at decriminalizing assisted abortion and permitting termination of pregnancy with the woman’s consent up to the twelfth week. In a moment that drew audible reaction from the chamber, lawmakers from PiS reacted with applause and chanted the slogan “For life!” as the debate concluded and the vote was tallied. The outcome reflected a deep division about how to balance the rights of pregnant individuals with the pro-life position voiced by a significant portion of the assembly.

In the final tally, 215 MPs voted in favor of adopting the law, while 218 voted against, and two chose to abstain. The number of affirmative votes fell short of the threshold needed for passage. Earlier in the session, MPs also rejected a motion to dismiss the draft amendment from consideration in the second reading, signaling the ongoing parliamentary contention over the issue and the differing interpretations of the law’s potential impact on medical practice and patient autonomy.

The voting and its surrounding discussions were captured by various parliamentary broadcasters, with coverage noting the intensity of the moment in the Sejm hall as lawmakers made their positions clear. The public record attributes the debate to the ongoing process of evaluating how to regulate termination of pregnancy and the responsibilities of medical professionals and expectant mothers within the bounds of constitutional and statutory law.

The draft amendment to the Criminal Code originated from left-wing MPs and was among four parliamentary proposals forwarded to the Extraordinary Committee to Consider Bills on the Right to Termination of Pregnancy after the April Sejm session. The committee, known for its immediate handling of sensitive issues, was the first to review the measure. This context underscores how this proposal fit into a broader set of reforms debated in the chamber and how it was positioned amid other related legislative efforts.

Towards the end of June, the Commission offered a favorable opinion on the project. The commission’s reasoning centered on changes that would essentially decriminalize assisted abortion and permit termination of pregnancy with the pregnant woman’s consent up to the twelfth week, aligning with calls from certain political circles and advocacy groups. This shift, if implemented, would have altered the penalties currently entrenched in the statutory framework for both terminating a pregnancy and assisting in that act, subject to compliance with the allowed gestational limit.

At present, Article 152 of the Criminal Code states that any person who terminates a pregnancy with the woman’s consent in violation of the law faces imprisonment for up to three years. The law also prescribes the same penalty for aiding a pregnant woman to terminate her pregnancy in contravention of the law, or for persuading her to have an abortion. The drafters sought to recalibrate this provision, arguing that the existing penalties did not adequately reflect the nuanced realities faced by patients and medical providers, and that criminal liability should be narrowed in cases that involve a voluntary and informed choice within permitted gestational limits. This legal question sits at the intersection of medical ethics, public health policy, and individual rights, generating substantial public debate about how best to protect vulnerable individuals while maintaining legitimate regulatory safeguards.

olnk/wPolityce.pl/PAP

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