The crime of rape – prosecuted ex officio or upon request?

Abstract

The problem of rape prosecution often has been the subject of analysis in the Polish literature. Changes in the download mode were on their side, both supporters and opponents. Although rape in Polish penal law is prosecuted at the request of the first codification throughout the duration of the next set, there were voices moving in the direction of the mode of enforcement
for the prosecution office. Justification for these changes was different, depending on the period in which it occurred, political, economic reasons, etc. Again, these voices appeared in March
16, 2012 when the Civic Platform MPs directed an open letter to the Minister of Justice on the mode of prosecution of the crime of rape. Since that time, there was discussion about the merits of such
changes. The response to the letter was a project of the Ministry of Justice in the enforcement mode changes announced on April 24, 2012, which was estimated in this study. The result of these events
was return to the discussion on the issues of rape crime enforcement mode, starting from the analysis of the project, going through successive statements of doctrine and jurisprudence and ending with
the international law, obligating Poland to introduce certain guarantees. Current question remains
– the offense of rape – prosecuted at the request or ex officio?