Consequences the Coronavirus pandemic on amendments to Polish Penal Code in the area of harassment offences

Abstract

RESEARCH OBJECTIVE: The aim of this research was to summarize that impact has exerted on legal regulations aimed at eradicating stalking and cyberstalking crimes in the Polish criminal law during the COVID-19 pandemic. The paper explores also some operation methods employed by perpetrators, in particular those involving violent acts with the use of digital tools.
 THE RESEARCH PROBLEM AND METHOD: The text is based on the analytical method aiming to measure the factual, not the declarative ratio legis. The problem was studied based on the interpretation of the applicable law, as well as a survey of the legal doctrine views and judicial decisions. To some extent, the historical method was employed in order to demonstrate how former stalking regulations in Poland had been evolving.
 THE PROCESS OF ARGUMENTATION: This paper discusses the analysis the issue of the methods employed by perpetrators, legal nature of stalking as a criminal offence, focused particularly on the characteristics of causal acts stipulated in Art. 190 a of the Polish Criminal Code.
 RESEARCH RESULTS: The Polish legislator was correct, that was necessary amending the former criminal law regulations on the criminal offence of stalking, due to an observable surge in cyberbullying during the pandemic. It was also resonable tightening the penal liability for committing qualified stalking and extending descriptions of prohibited acts by adding new crime qualities should be also viewed as justified and beneficial. However, increasing penal measures for criminal offences stipulated in Art. 190.a.1 and 2 of the Criminal Code should not be approved of.
 CONCLUSIONS, INNOVATIONS, AND RECOMMENDATIONS: Despite of the changes introduced in the Polish criminal law cannot be fully justified as properly addressing international appeals for tackling gender-based cyberbullying, all in all, they should be seen as a step in the right direction.