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OFFENCE OF STALKING IN POLISH LAW
Abstract
Penalties for the offence of stalking have a short history in Polish law. Article 190a was added to the penal code in 2011, and Section 190a §1 states: “Anyone who, through the persistent harassment of another person or another person's next of kin, creates a justified sense of danger or significantly violates the person's privacy, is subject to imprisonment for up to three years”. There was difficulty counteracting this offence prior to the 2011 Criminal Code amendment because previous rules did not always provide victims full legal protection. The possibility of victims taking action was limited and victims reported this offence only when stalker actions met conditions contained in other criminal acts, such as: ‘punishable threat’ (Criminal Code Article 190) or ‘breach of personal inviolability’ (Criminal Code Article 216). This paper analyzes the history of this part of the Criminal Code, discusses problems associated with cyberstalking, presents 2008-2015 Polish court statistics for stalking penalties and provides the author’s conclusions on current stalking phenomena.
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