THE CRIME OF RAPE AFTER THE AMENDMENT. COMMENTARY - MIKOŁAJ MAŁECKI

In the world of law, where every change in regulations brings a wave of interpretations and consequences, Mikołaj Małecki's commentary becomes an indispensable guide. It is not only a legal analysis, but above all an attempt to understand how the new regulations will affect the lives of individuals and the functioning of the justice system. This book is an invitation to a deep reflection on the boundaries of freedom, responsibility and the protection of victims.

• Detailed analysis of changes in Art. 197 § 1 of the Criminal Code (rape)
• Discussion of the new crime of exploiting a person incapable of self-determination from Art. 197 § 1a of the Criminal Code
• Explanation of changes in Art. 198 of the Criminal Code (exploitation of helplessness or limited sanity)
• Relationship of the amended regulations with Art. 199 of the Criminal Code (exploitation of dependence or critical situation of another person)
• Resolution of previous interpretative doubts
• Indication of problems that the amendment will cause in the practice of the judiciary
• Analysis of the conditions for conscious, voluntary, prior and revocable consent

The author, Mikołaj Małecki, is a recognized expert in the field of criminal law, whose publications are highly regarded by practitioners and theorists. His in-depth knowledge and ability to analyze complex legal issues guarantee that this commentary is a valuable source of information for anyone who deals with criminal law professionally or scientifically. Wolters Kluwer, the publisher of this commentary, is a reputable company specializing in legal publications, which further emphasizes the value and credibility of this study.

The commentary discusses the amendment to sexual offenses, effective from February 13, 2025. It contains a detailed analysis of the amended wording of Art. 197 § 1 of the Criminal Code (rape), the new crime of exploiting a person incapable of self-determination from Art. 197 § 1a of the Criminal Code, changes in Art. 198 of the Criminal Code (exploitation of helplessness or limited sanity), as well as the relationship of the amended regulations with Art. 199 of the Criminal Code (exploitation of dependence or critical situation of another person). The author resolves previous interpretative doubts and also draws attention to the problems that the amendment will cause in the practice of the judiciary.

In particular, it discusses the conditions for conscious, voluntary, prior and revocable consent, the sign of "another way" of leading to a sexual act, the introduction of the punishability of rape by omission, the legal qualification of intercourse of intoxicated or drugged partners, the legal assessment of the so-called tonic immobility (freezing), rape with possible intent, the complicated relations of the new description of rape with the remaining types of sexual offenses, the transformation of previous pedophilic offenses into rapes threatened with life imprisonment. The commentary is intended for practitioners - lawyers, legal advisors, judges and prosecutors, as well as scientific staff. It will also interest social organizations involved in the fight for women's rights, parliamentarians and legislators.

This book, published in 2025 by Wolters Kluwer, has 220 pages and a format of 146x212 mm. The paperback binding makes it handy and easy to use. It is a must-read for anyone who wants to keep up to date with the latest changes in criminal law and their implications. Whether you are a legal practitioner, scientist, student or activist, this commentary will provide you with the necessary knowledge and tools to understand and interpret the new regulations.