Attorney General Adam Bodnar exercising his power under Article 13(1) of the Act of 28 January 2016. Law on the Public Prosecutor's Office (Journal of Laws 2024 item 390), and besides recognizing the importance of the issue, issued on 9 August 2024. "Guidelines No. 9/24 on the rules of conduct of the general organisational units of the prosecution regarding the conduct of cases concerning the refusal to discontinue pregnancy and alleged pharmacological abortion" are reported in a press release on the National Prosecutor's Office's website.
The guidelines are 1 of the forms of prosecution management by the lawyer General, their aim is to guarantee appropriate performance of statutory duties, as well as the impact on raising the level of work of prosecutors. As a substance of fact, they do not change the laws in force, they service as ancillary servants in the work of the prosecutor.
The intent of Guideline 9/24 is to harmonise standards for the conduct of preparatory proceedings in this category of cases. These were developed by the D.A.'s team, which carried out file investigations of 590 preparatory proceedings conducted between 1 January 2016 and 31 December 2023 in territory and territory prosecutors, completed by substantive decisions.
In the current legal state, the conditions for legal abortion are laid down in the Act of 7 January 1993 on household Planning, Protection of the Human Fetal and Conditions of Acceptability of Abortion (Journal of Laws 2022 item 1575).
The explanation of this act is essential to measure whether the characteristics of the offence under Article 152 kk have been fulfilled in a peculiar situation.
The Public Prosecutor's Office, as a body appointed to prosecute offences, shall be obliged to conduct proceedings in the event of termination of pregnancy in the absence of compliance with statutory conditions for the admissibility of abortion — Article 152(1) kk, to supply assistance or to encourage abortion — Article 152(2) kk, and where refusal to terminate a pregnancy results in the effects set out in Articles 155 to 157 kk and 160 kk.
The methodical guidelines set out in the Guidelines take into account the fact that the conducts conducted are entering into the most intimate sphere of women's life and interfering with their rights and freedoms. This should prompt the prosecutor to keep the highest level of reliability and professionalism in the process. The conduct of questioning a female who has consented to abortion should be carried out with respect for her dignity. It can't lead to her victimization.
The lawyer General points out that the offence under Article 152(2) kk is of a formal nature, which makes it possible for a pregnant female to be helped to abort her pregnancy in violation of the rules or to be urged to do so. The D.A. must find that there has been exhaustion of the marks of this act against a specific, identifiable woman, whether or not the abortion has occurred. Establishing that abstract information on abortions has been made public does not give emergence to criminal liability.
In carrying out a legal assessment of the refusal of legal abortion by medical personnel, the prosecutor shall find whether the refusal has produced effects in a pregnant female under Article 155 kk — death, Article 156 kk — severe harm to health, Article 157 kk — average and slight harm to health, Article 160 kk — vulnerability to direct danger of failure of life or health. It is crucial that the refusal itself is not a crime.
In cases of refusal of abortion by medical personnel, having consequences in a pregnant female with Articles 155 to 175 of the Code and Article 160 of the Code should consider informing the applicable Regional Ombudsman of professional responsibility. In proceedings involving the refusal of legal abortion, the prosecutor should besides notify the Ombudsman and the local NFZ Branch with which the medical institution has concluded a contract to supply gynecology and obstetrics services.
The guidelines mention to all stages of the investigation, i.e. the initiation of proceedings, evidence activities, substantive decisions and, in the event of an indictment, to proceedings before a court. They besides cover issues relating to liability for aid with abortion abroad and for assistance abroad.
The National Board of Prosecutors at the lawyer General gave a affirmative opinion on the draft Guidelines.
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Bodnar issued guidance to prosecutors on the conduct of abortion cases
