Osoba najbliższa w polskich kodeksach karnych

Abstract

In Polish penal law, the closest family member term exists from decades. Begining from the year 1932 a circle of people, the term reputed as closest family member changed. This article shall enunciate changes of the term “closest family member” in Polish Penal Code from 1932, through the Penal Code from 1969, until the year 1997. In the Code of 1932 the definition of immediate family was solely concerned to people who were connected into marriage, cognation and affinity. Insofar in the code of 1969 a group of immediate family was upsized to adopted people, their spouses and partners in cohabitation with. From the first, the most problematic issue was related with status of adjudication of partner in cohabitation with. Contemporarily, the biggest discussion goes around homosexual couples. As a result of analysis of judicial decision and doctrine the views remain altered in this case. There are more images which articulate the acceptance for appreciation that homosexual couples can be acknowledged as an immediate family. Notwithstanding, the doctrine and judicial decision stance is not unitary in this case.