Przedawnienie karalności przestępstw seksualnych w kontekście prawa Unii Europejskiej

Abstract

The Author analyses several proposals presented in recent months to the Marshall of the Sejm in which the statute of limitations of sexual offences in cases involving juvenile victims is discussed. The study raises this general problem in the context of EU law, especially in the light of Directive 2011/93/EU of the European Parliament and of the Council of 13 December 2011, on combating the sexual abuse and sexual exploitation of children and child pornography. Although the Polish legislator has already chosen one of these options and the law adopted, analysis of the remaining cases can lead to further discussions on the harmonization of criminal law of the Member States of the EU and the scope of the obligations imposed on the state. Assessment of compliance with EU law of all proposals would require a justifi cation based on the practice of justice indicating that actually extending the statute of limitations period is necessary for the protection of victims. Although the Polish legislator did not provide arguments based on statistics, procedures or other such examples, it cannot be assumed that the proposed and fi nally adopted law is not compatible with these requirements. Thus, none of the proposals are contrary to EU law.