Belgium >> Poland, Recommendation, 41st session, November 2022

Noted in regard to the ratification of the Istanbul Convention and noted – not supported for the remainder. … It ought to be noted that Poland ratified the Convention on preventing and combating violence against women and domestic violence (so-called Istanbul Convention) in 2015. The first review of Poland’s compliance with the Convention — GREVIO report of 2021 — was positive for the Government’s conduct and practice of application of the provisions. The suggestion of a need to modify the legal definition of the criminal offence of rape in the Criminal Code to include the lack of consent as a main element of the offence must be rejected. This criticism levied against Polish legislation lacks any foundation in the light of the system of Polish criminal law. The lack of consent is a semantic and legal element of this offence, as attested by scholars and confirmed by common courts’ decisions and those of the Supreme Court. There is accordingly no need to create any new definition for the sole purpose of the evaluation. The lack of consent to sexual intercourse is an immanent semantic feature of the offence defined by Article 197(1) of the Criminal Code.