Niekonstytucyjność embriopatologicznej przesłanki przerywania ciąży oraz jej prawnokarne konsekwencje

Abstract

The purpose of this article is to point out not only the essence of the embryopathological premise of abortion – that has been deemed unconstitutional (pursuant to the Polish law) – but also the criminal law consequences of its repeal. The abolition of the abortion compromise, which took place by virtue of the judgement of the Constitutional Tribunal of 22 October 2020, K 1/20, OTK-A 2021, item 4, prompted the presentation of doubts of both constitutional and strictly interpretative nature that have occurred over the years in the interpretation of the said premise. When considering the criminal law consequences of the aforementioned judgement, it was pointed out that the compliance with the nullum crimen sine lege principle does not allow to determine that the said judgement has led to change in the current scope of the criminalisation of abortion. The conviction was also stated de lege ferenda that any attempts at modifying the abortion law require an in-depth discussion and well-thought-out legislative actions.