Criminal law assessment of spanking

Abstract

The article is devoted to the issue of the criminal law assessment of spanking. Spank, despite the prohibition of corporal punishment introduced into the Polish legal system over 10 years ago, is still an acceptable behavior among part of the socjety. Taking into account the positions of opponents and supporters of this educational method, as well as the norms of criminal law, it is necessary to answer the question whether the guardians who apply it will bear unconditional criminal liability. Giving this answer requires an analysis of the spanking behavior from the perspective of the crime model. The behavior of the spanker fulfills the features of the prohibited act under Article 217 of the Penal Code, but in some cases it may not be shameful (Article 1 § 2 of the Penal Code) or the perpetrator cannot be blamed (art. 1 § 3 of the Penal Code). The author also assesses spanking from the point of view of non statuory justification punishing minors and takes a stance on the admissibility of using non-statutory justifications.