Abstract
[full article, abstract in English; abstract in Lithuanian]
 This paper concerns the victims of parental abductions in Poland. The aim of the article is to present the victims of parental abductions in the light of the Polish criminal case law. The study has an empirical character because it presents the results of research carried out using a criminal case law analysis. The study included 59 criminal cases concerning the parental kidnapping of a child. The research revealed that the Polish law treats the person from whom the child was kidnapped as a victim of parental kidnapping. Interestingly, the child is not considered a victim. Based on the research, a conclusion was formulated that parental abductions are not only the result of disputes between the parents of a child, but that children can also be abducted from the care of other people, for example, the directors of orphanages or grandparents who look after the children. This article argues that parental abductions are not only a problem for families but also for institutions professionally involved in childcare.
Highlights
Introduction and OverviewParental abductions are usually defined as the “taking, retention, or concealment of a child or children by a parent, other family member, or their agent, in derogation of the custody rights, including visitation rights, of an-Diana Dajnowicz-Piesiecka
Children are sometimes abducted and brought to other countries. This proves that parental abductions are not just a regional problem, with which only the Polish judicial system fights, but a transnational issue that goes beyond state borders
This was explained by the fact that there already exists a possibility to be charged with parental kidnapping under a general provision of the criminal code defining the kidnapping of a child
Summary
Parental abductions are usually defined as the “taking, retention, or concealment of a child or children by a parent, other family member, or their agent, in derogation of the custody rights, including visitation rights, of an-. Criminal liability for parental kidnaping is borne on the basis of Art. 211 of the Polish Criminal Code (CC) This regulation defines the child abduction offense without specifying the perpetrator’s category. A part of the Polish scientific community, as well as practitioners of the law and the Children’s Ombudsman, often appeal to the Polish legislator for an ISSN 2351-6097 eISSN 2538-8754 KRIMINOLOGIJOS STUDIJOS 2018/6 amendment to the penal code This amendment would introduce a separate offense of parental kidnapping into the criminal code. Until now, the Polish legislator has not established any separate penalization for parental abductions This was explained by the fact that there already exists a possibility to be charged with parental kidnapping under a general provision of the criminal code defining the kidnapping of a child. They may still have biological parents who can commit a parental abduction
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