A new European network to exchange and transfer knowledge and ...

EUROPEAN COMMISSION 

DG JUSTICE, FREEDOM AND SECURITY 

UNIVERSITA’ DEGLI STUDI DI SASSARI 

A new European network to exchange and transfer knowledge 

and expertise in the field of treatment programmes for 

perpetrators of sexual harassments and violence against 

children and young people (SEXOFFENDERS) 

D 4 - Report - Analysis of the local context 

Authors: 

Prof. Patrizia Patrizi (Scientific Coordinator) 

Vera Cuzzocrea (Coordinator) 

In collaboration with: 

Anna Bussu, Gian Luigi Lepri 

Prevention of and Fight Against Crime 2009 

With financial support from the Prevention of and Fight Against Crime Programme 

European Commission - Directorate-General Justice, Freedom and Security 

1

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Bibliography 

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Bibliography 

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Bibliography 

Annex 1-3 

2

The project “A new European network to exchange and transfer knowledge and expertise 

in the field of treatment programmes for perpetrators of sexual harassments and violence 

against children and young people (SEXOFFENDERS)” aims to contribute to the protection 

of children and young people against all forms of violence and in particular, against sexual 

abuses occurring in the private domain. In particular, the project aims to promote 

knowledge and best practices exchange in the participating countries: Italy, Bulgaria and 

Poland. 

At present, the phenomenon of sexual abuse is in the agenda of a complex international 

debate focused on the planning and implementation of effective interventions to limit it 

and really protect children and their rights. The emergency related to violence and sexual 

exploitation, being severe forms of victimization at the expense of children and 

adolescents, thus obliges the institutions appointed to fight these crimes and to take charge 

of the phenomenon at a regulatory, judicial, clinical and social level, to have a constant 

reflection with a "global" intervention view (De Leo et al, 2001). A further bibliography on 

the themes of violence, abuse and sexual exploitation, deviance, treatment of sex offenders 

and the training of the prison system officials can be found in literature (Patrizi, 1996; 

2000; 2005; 2008; Dettore, Fuligni, 1999; Marshall, Anderson, Fernandez, 1999; De Leo, 

Petruccelli, 1999; De Leo ., 2000a; 2000b; De Leo, Patrizi, 1995; 1999; 2002a; 2002b; 

2004; Lepri, Genovese, 2003; Petruccelli, 2002; Caffo, Camerini, Florit, 2004; Mariotti Culla, 

De Leo, 2005; Cuzzocrea, 2004; 2006; Baldry, 2006; Patrizi 2010). 

This initiative aims to encourage the sharing of interventions carried out by each project 

partner on the treatment of the perpetrators of this type of crime. On the one hand, we will 

try to create a network of the knowledge on the phenomenon of sexual violence - 

considering the dynamics underlying this specific offense even at clinical, psycho-social 

and bio-medical level. On the other, we will try to define intervention programs targeted 

for this particular authors. To this end, in this first phase of the project and thanks to the 

information gathered in this first report legislative, institutional and judicial systems of 

each participating country have been analysed in detail to better understand the 

information on the phenomenon and to reflect on the effectiveness of the responses 

provided at legislative, political, institutional and social level. 

Subsequently (second report aims), the existing projects in each country will be analyzed 

and compared - in terms of research, treatment programs, training courses for professionals 

working with this type of offenders - in order to identify models of possible and effective 

treatments in preventing recidivism. This analysis is particularly interesting for Italy, which, 

despite the presence of relevant provisions related to sexual offenses against children, does 

not provide specific interventions to treat sex offenders. 

SEXOFFENDERS project, in this framework, will aim, therefore, to contribute to the 

development of EU policies concerning public health and human rights, in line with the 

priority need to protect the rights of children and adolescents by combating all forms of 

violence and exploitation. So, the project has a very important social and scientific 

purposes: the prevention of all forms of abuse, particularly sexual, and the treatment and 

rehabilitation of persons who have committed these types of crimes, training of 

professionals who deal with them, the creation of a network between organizations, 

institutions and associations involved in the management of this phenomenon, increasing 

awareness on this issue in the EU Member States. 

3

In particular, the of the project, made up by: UNISS (Italy), BGRF (Bulgaria), 

KCZIA (Poland) is well consolidated and each member has the necessary expertise in the 

issues related to the project in order to manage the activities they are meant to coordinate. 

In particular, each partner will be responsible for the implementation of a Work Package, 

even though they will participate actively in all the activities of the project. Besides, the 

organisation of the activities will entail the involvement of target groups, as local and 

national actors, Penitentiary Institutes not directly involved in the project and NGOs 

working in and out of prisons and with sex offenders, that will have to deal with the 

beneficiaries of the project, as operators working with sex offenders, PAs and NGOs 

working in this field. 

The University of 

Sassari was founded by Alessio Fontana in 1558. The official opening dates back to the 

month of May 1562. It was firstly run by the Jesuits. It was the first University in Sardinia. 

The Rector of the University is Prof. Attilio Mastino, an expert in Roman History. Today the 

University, which is of medium size, with over 19.000 students and about 760 teachers, 

consists of 11 Faculties. The University of Sassari has its main buildings in the city of 

Sassari. Additional sites are in the towns of Alghero, Olbia, Nuoro, Oristano. The University 

has got 23 departments, 24 libraries, and more than 40 divisions and centres for students 

of the medical professions. There are Specialist Schools, Research Institutions, 

Postgraduate Schools and 11 Doctoral schools. The University of Sassari has always aimed 

at developing policies of international cooperation. To this end, the University has been 

involved in various projects, among which of particular relevance is the participation in the 

programmes of the European Community such as Erasmus-Ects, Lingua, Comett, Tempus 

and others; as a result, a large number of researchers and students both from within and 

outside the Community have had, have now, and will have the opportunity of doing part of 

their studies in foreign Universities with full and complete recognition of their value on the 

part of the home institution. An evergrowing number of our students have been accepted 

by European Universities and in return we have welcomed foreign students here. Our 

participation in the Comett Mediterranean project gives and will in the future give to our 

graduates and those graduating the chance to spend some time working in foreign 

businesses in various sectors and - most importantly - in those concerned with the latest 

technology. The University works with various international organizations such as the 

University of the United Nations, the Community of the University of the Mediterranean 

and with numerous inter-university consortia. 

Since 2004, the University supports projects and interventions aimed at social 

rehabilitation of prisoners and former prisoners in: 1) a 

involving the detention institutions of 

Sassari "San Sebastiano” and of Alghero, whose aims are to promote cultural development 

and post graduation education of prisoners and to promote scientific research to improve 

the living conditions inside the prisons; 2) an for 

projects in the field of prevention of recidive criminal activity and to support job 

placements of former inmates. Furthermore, a 

has recently been signed in order to increase the awareness of the 

centrality of the execution phase where the social recovery of the condemned is fully in line 

with constitutional principles ruling the penalty. Specific attention of the Agreement is 

given to 

, 

and to make aware the prison population on the themes of forgiveness, compensation for 

damage, understanding the pain caused to the victim, suggesting different paths to 

approach the conflict and its possible solutions. The University of Sassari takes care of the 

4

theme of restorative justice being also leader of , a European project funded 

in the framework of the "Criminal Justice" programme. 

The of the project is under the responsibility of 

She is full professor of Social Psychology and Psychology and Law at the University 

of Sassari, Department of Political Sciences. She teaches Social Psychology, Psychology and 

Law, Psychology of Communication. She is Rector's Delegate for Guidance and Tutoring 

Students at the University of Sassari. She is representative of the University Chancellor at 

the Department of Penitentiary Administration and the Department for Juvenile Justice, 

under the agreement signed by the University with the above Institutions to promote 

research and high level training courses and offer training to inmates of North Sardinia’s 

prisons. She co-ordinates the area “Justice and intervention policies” of the Centre for 

Urban Studies within the Department of Economy, Institutions and Society, where she is 

also a member of the Teaching Body for the Research Doctorate in Governance and 

Complex Systems. She is a member of the Scientific Board of the Centre for Psychology and 

Law at the University of Urbino. She is a member of the Teaching Board, as well as 

responsible for the Legal Psychology modules, within a first level Master Degree in 

“Criminology and Social Defence” at the University of Siena, and she is part of the Scientific 

Board of a second level Master Degree in “Investigative, Legal and Penitentiary Psychology” 

at the University of Cassino. She is a member of the Scientific Board for the Journal of 

Psychology and for the series Psychology and Law published by Giuffrè. She is a senior 

member of AIP (Italian Psychology Association) – Social Psychology Section, of SIPs (Italian 

Society of Psychology) and President of International Society of Psychology and Law. She is 

a founding member of the Italian Association for Legal Psychology (she was a member of 

the Directive Board from 1996 to 1999). She was a member of the University Board For 

Equal Opportunity. She worked as an expert at the Court of Surveillance (1983-1992) and 

as a national level-consultant for Juvenile Justice (1992-1997). She also took part in study 

groups at the Ministry of Justice. She was a member of the Technical and Scientific Council 

at the Central Institute of Staff Training at the Department of Juvenile Justice and of 

CIRMPA (Inter-University Research Centre on the Origin and Development of Pro-social 

and Anti-social Behaviour) at the University Sapienza in Rome. She is on the register of 

Lazio’s Psychologists and she is qualified for the practice of psychotherapy. She has been 

focusing on four main areas of study and empirical research: a) Social Psychology of 

criminality: theoretical developments and research profiles b) Social Psychology of 

deviance and criminal law: research trends, models of analysis and intervention; c) Legal 

Psychology: historical evolution, disciplinary borders, areas of activity; d) Social 

Psychology of organizational change and training: theoretical and methodological issues. 

She wrote a number of books. 

Prof. Patrizia Patrizi is supported by a researchers and professionals team: 

 

Sergio Babudieri, graduated in Medicine and Surgery at the University of 

Rome “Sapienza”, is specialized in Infectious diseases. Since 1987, he is advisor 

infectious researcher for the Italian Ministry of Justice for the Sardinian penitentiaries. 

Since 1990, he is works at the University of Sassari – Faculty of Medicine as researcher 

and in then as Professor. In 2000, he collaborated with University of Rome “Tor Vergata” 

and with the Penitentiary Department of the Italian Ministry of Justice in a project that 

studied the diffusion of HIV among Italian inmates. From 2003 until 2006, he worked as 

advisor for the “Iceberg” project concerning the diffusion of infectious diseases related 

to drugs consumption. He looked after more than 174 scientific papers and he 

participated in several international and national conferences. 

5

PhD with scholarship in 

Governance Science and Complex Systems (Department of Political Science) with a 

thesis in Juridical psychology: “ 

”. She is assistant Lecturer in the Divisions 

of Social Psychology, Psychology of Communicative Processes, Labour Psychology. 

Actually, she is collaborating with the Division of Social Psychology on research and 

teaching activities. Carrying research activities for the Divisions of Juridical Psychology, 

Criminology and Labour Psychology. She is the author of several juridical psychology 

publications. 

. Consultant for the 

Public Prosecutor at the Court of Tivoli (Rome) for cases of sexual harrasments and 

abuses against children and adolescents. She is responsible for the Neutral Space 

Service's Forensic Psychology and Clinical Social Cooperative CEAS in Mentana (Roma). 

She deals with training, planning and research in the fields of deviance, bullying and 

sexual abuse. She is member of the International Society of Forensic Psychology and 

author of many scientific forensic psychology publications. 

, He has attended a postgraduation 

course for data analysis and another one for the management of European 

funds for technological development and international cooperation. From 2004 till 2005 

he has worked at “Politecnico of Turin" at the “Relations with the EU” office as coworker 

for the planning and management of the projects financed by the European 

Union in the framework of the VI FP, International Cooperation and European Social 

Fund. Since 2004 he works for ONLUS, no-profit organisations and Public Universities as 

consultant, for planning and management activities for EU financed projects. Actually, he 

works at University of Sassari as consultant. 

Honorary judge at the 

Juvenile Court of Rome. He is methodological consultant of the “OrientAzione” of the 

University of Sassari. He deals with training, planning and research in the fields of 

deviance, models of justice and sexual abuse. He participated, together with Vera 

Cuzzocrea, in the European project (in collaboration with the Ministry of 

Justice, Department of Prison Administration under the scientific coordination of the 

Chair of Forensic Psychology Prof. Gaetano De Leo, University of Rome "La Sapienza "). 

He is member of the International Society of Forensic Psychology and author of many 

scientific forensic psychology publications. 

Prof. Patrizia Patrizi and her colleagues have carried out several researches, interventions 

and training on the issues of child abuse, delinquency and treatment of sex offenders. 

In particular, projects aiming to research and organise the training of social workers 

involved in the sex offenders against children. UNISS follows constantly the development of 

the issue addressed in this project organising conferences, seminars and high qualified 

training courses for specialised staff working in prisons. 

Three different researches include: " ” – funded 

by the Sardinia government- and " "(I and II report). The subjects studied 

are deviance, sexual abuse and stalking (Patrizi, 2008; Patrizi Bussu, 2006). The University 

of Sassari has been copperationg for many years with the Ministry of Justice, for purposes 

related to social welfare and the fight of all forms of marginalization. In particular, the 

section “ ” of the Urban Studies Center has provided a special 

programming aimed at the issues of justice, deviance and violence against women and 

young people, whilst working in research and training courses with social workers and 

police. Under this collaboration, for the effective implementation of the project, the 

6

University of Sassari has already involved the central and local justice institutions 1 : the 

Department of Penitentiary Administration (DAP) and the Regional Superintendency of 

Penitentiary Administration (PRAP) of Sardinia, the Department of Juvenile Justice (DGM) 

and the Center for Juvenile Justice (CGM) of Sardinia. 

This report reflects the aim of the first phase of SEXOFFENDERS to picture the 

phenomenon through an analysis of the national contexts of the project partners. This first 

part of the research has therefore been focused on the study of laws and of the judicial 

system of the partners, providing an overview, by an analysis of official sources and 

existing national case studies of authors and victims of this type of crime. 

This document is structured in three chapters corresponding to each country ( 

). Each section analyses data about the phenomenon and the legislative, judicial 

and procedures aspects by which violence and sexual abuse crimes are defined and fought. 

1 We refer to: Luigia Mariotti Culla, (DAP); Isabella Mastropasqua, (DGM); Gianpaolo Cassitta, 

(PRAP); Federica Palomba, (CGM). This collaboration has been established during the project kick off 

meeting (Sassari, 3-4 November 2010). The meeting saw the participation of almost all the stakeholders 

already mentioned and important scientific associations as Società Italiana di Medicina e Sanità 

Penitenziaria (SIMSPE) and the Società Internazionale di Psicologia Giuridica (SIPG). 

7

In the last fifteen years, Italy has been involved in many legislation changes related to 

sexual offenses against children. These changes aim to: tighten the sanctions, define the 

new types of crimes and promote the judicial strategies more in line with the need to 

protect victims and strengthen the procedures of crime fight. The rapid progress 

experienced from a regulatory standpoint, including also new types of crimes in the context 

of sexual abuses, have made Italy one of the most advanced in Europe. From a legal point of 

view, the most important laws for the prevention and repression of all forms of violence 

and sexual abuse can be considered the 66/1996 and the 269/1998 with subsequent 

modifications and integrations. 

marked a crucial step in 

the history of our country. There are several reasons why this law is and can be considered 

a major legislative innovation introduced over the past twenty years. The law was 

approved after a long debate and heated discussions lasted five legislatures (25 years). The 

first reform projects date back to 1979 and they are accompanied by several popular 

mobilizations. 

In the late 70s and early 80s, the Women movement complained loudly in the hidden 

phenomenon of violence within the family context. On March 19 1980 a document with 

three hundred thousand signatures was proposed in support of a new bill draft aimed to 

protect women's dignity and the right to self-determination of the body and sexuality. The 

proposals followed one another until 1995, when sixty-seven women Parliament members, 

from all different political parties, presented a bill approved by a large majority (Marino, 

2009). 

The new law of 1996, which defines no longer as a crime against "public 

morals" and "morality", but "a crime against the person " focusing on the victim of the 

crime and not on the public disgrace. Sexual violence was considered "not of serious 

intensity on the woman ", as an irrelevant act by a criminal point of view that was 

culturally and socially accepted because the woman, according to the common feeling, 

especially whether of low social and cultural level, appreciated being treated with violence 

to justify giving herself to a man (Tribunal of Bolzano, June 30, 1982). 

Thus, a legal and social concept of woman (and therefore also of girls, in cases of sexual 

abuse), not as subjects of rights, but in her social and family function, bearer of the assets of 

public morality (Marino, 2009). The Rocco code also distinguished between 

(art.519 cp-repealed) and s (art. 521 cp-repealed), which 

referred to all practices not specifically concerning sexual intercourse. 

At present, it is used indiscriminately Article 609 bis cp "sexual violence" referring to all 

violence and threat behaviours, even with the abuse of power, aimed at forcing the victim, 

against her will, to have sex. This change has led to several positive implications such as the 

recognition of the unity of the damage caused by sexual behaviour that violates the 

freedom of the person beyond the importance of the action and the protection of the victim 

discharging her by the investigations, often perceived invasive, to establish if the 

penetration occurred (De Leo, Patrizi, 2002). But experts concerns whether the art. 609 bis 

c.p. is too vague including a large number of different behaviours. 

8

Another issue of particular importance concerns the 

, in fact, the law provides the prosecution of the crime by a complaint by a period of 

6 months (usually the complaint is expected within 3 months). Naturally, unless the victim 

is aged less than fourteen years or the author is a public official or a parent or other person 

entrusted with the victim (Article 609 cp "complaints of the party" and 609 ter aggravating 

circumstances). The ex officio prosecution "protects " the victim from possible threats and 

retaliation, but on the other side, is likely to damage her right to feel free to report or not 

the criminal act immediately. 

Living again the violence during the judicial process is perceived by many women as 

another form of abuse and invasion of the privacy (secondary victimization) (Marino, 2009, 

De Leo, Patrizi, 2002). Even though the law provides for such a crime not to have questions 

regarding the private life, and particularly the sexual life of the victim, unless necessary to 

rebuild the criminal event. Finally, the (Article 609 octies cp), which 

is socially and legally considered an action of violence against a woman even more 

shocking and reprehensible. The penalty ranges from 6 to 12 years of imprisonment in 

relation to the one for the sexual violence perpetrated by a single individual (which 

foresees 5 to 10 years). The offense requires that the perpetrators are simultaneously 

present at the time of the event given that " 

 

"(De Leo, Patrizi, 2002, p. 81). 

 

The rule, 

which is in line with the principles of the 1989 UN Convention on the Rights of the Child - 

ratified under Law No 176, May 27, 1991 - and as stated in the Final Declaration of the 

Stockholm World Conference - adopted August 31, 1996 (Article 1) - introduces new types 

of crimes (as sex tourism) and, together with subsequent amendments and additions 

contained in the Law No 38, February 6, 2006, marks a milestone in the provision of tools 

to fight the phenomenon of sexual exploitation against children. 

This law also encourages to improve synergies and collaboration between institutions in 

order to create shared procedures to effectively intervene in cases of violence and 

exploitation involving children and adolescents. Thus, with the 

, the Ministry of the Interior, as part of joint actions of prevention and 

intervention against the phenomenon of pedophilia, has invited the prefects to convene the 

Provincial Committees for Public Administration (now Standing Conference) in order to 

 

 

to undertake an analysis of the 

issue and identify the guidelines on which develop information, monitoring, planning and 

intervention. 

In the Circular framework, the Standing Conference objectives are: 

to promote a coordinated intervention protocols operating between all 

administrations, to define shared approaches to fight the problem of child abuse and 

violence; 

to establish all necessary initiatives to ensure the implementation of training 

arranged by the Coordination Committee referred to Article 17 of Law 269/1998; 

to implement awareness-raising activities in schools; 

to monitor the phenomena of violence, abuse and paedophilia; 

9

to promote, in agreement with the competent local authorities, any useful initiative 

aimed at spreading knowledge of children's rights and to improve the conditions of 

real enjoyment of those rights by the interested parties. 

Following the creation of these conferences, within the prefectures (now Local 

Government Offices), working groups between local institutions (health and social services 

operators, police, teachers, etc...) and associations were born to conclude agreements and 

memoranda of understanding to improve the management of cases of violence and 

exploitation. After the two important laws on sexual offenses (Law 66/96 and Law 269/98) 

and the initiatives developed at local level, in the last five years the legislator has, firstly, 

strengthened the interventions and fight measures and secondly, has acknowledged the 

other signals at European level aimed at strengthening interventions targeted not only to 

the protection of victims and prosecution of the phenomenon but also to the 

. In this sense, the law 269/1998 has recently been updated by the Law 

38/2006 ( law amending the previous legislation, in particular, adapting it to the recent 

international agreements and the European framework decision). 

 

introduces some important changes that affect 

mainly the following aspects: 

extension of the concept of child pornography; 

introduction of the crime of "virtual child pornography". The penalties (articles 600 

ter and 600 quater cp) for the crimes of child pornography can be applied - although 

decreased by one third - even to virtual images. Virtual images are those made by 

retouching photos of children or part of their bodies "with graphic techniques [...] 

whose quality make look like real situations that are not real”; 

introduction among the appurtenances sanctions of the perpetual disqualification 

from any position in the schools at all levels, offices or public or private facilities, 

attended primarily by minors; 

facilitation of the investigations thanks to the possibility of arrest in flagrante 

delicto for the purchase or sale of child or virtual pornography (the arr est is 

optional and can be decided on the basis of the quantity and quality of the material 

found) ; 

strengthening and centralization of enforcement actions. After Article 14 of Law 

269/1998, Article 14-bis have been introduces - (National Centre for combating 

child pornography on the Internet) - 1. At the body of the Ministry of the Interior ( 

Art 14.2) the National Centre for combating child pornography on the Internet is 

established with “ 

 

 

 

 

Indirectly related to the abuse and sexual exploitation against children and adolescents is 

the " aiming at 

reversing the shortcomings of the previous legislation and at introducing new repressive 

methods these new crimes. 

The table below (Tab. 1) summarizes the main articles of the Penal Code concerning the 

definition of offenses previously described by the laws 66/1996, 269/1998, 283/2003 and 

38/2006. 

10

Section I: Crimes Against Human Personality 

– Slavery - Whoever reduces a person to slavery, or to a condition analogous to slavery, shall be 

punished 

by imprisonment for from 5 to 15 years. 

- Child prostitution (Art. quote ex L. 269/98): 6 to 12 years imprisonment and a fine ranging 

from € 15,493 to € 154,937; anyone engaging in sexual activities with a child aged between 14 and 18 

years, in exchange for money or other economic benefit, shall be punished with imprisonment from 6 

months to 3 years and a fine of not less than € 5,164. In the event that the fact was committed against a 

person who has not completed her sixteen years of age, the penalty applied is imprisonment from 2 to 5 

years. If the author of the fact is a person under the age of eighteen the penalty to be applied shall be 

imprisonment or a fine, reduced from one third to two thirds. 

- Child pornography (Art. quote ex L. 269/98): every person who makes, prints, publishes for the 

purpose of publication any child pornography shall be punished by imprisonment for from 6 to 12 years 

and by a fine ranging € 25.822 to € 258.228. Every person who disseminate or advertise any child 

pornography material shall be punished by imprisonment for from 1 to 5 years and an administrative 

sanction. Every person who offers or gives for free child pornography material shall be punished by 

imprisonment for up to 3 years and with a fine ranging from € 1.549 to € 5.164 . 

- Possession of pornographic material (Art. quote ex L. 269/98 and replaced under Law 

38/06): up to 3 years imprisonment and a fine of not less than € 1,549. 

. Virtual pornography (Art quote ex L. 38/06): the penalty is reduced by one third. 

- Tourism for the exploitation of child prostitution (Art. quote ex L. 269/98): 6 to 12 

years imprisonment and an administrative sanction. 

Section II: Crimes Against Personal Liberty 

- Sexual violence (Art. Quote ex L. 66/96): Whoever with violence or threats or abuse of power 

has a sexual intercourse shall be punished with imprisonment for 5 to 10 years. The same punishment 

shall be imposed on anyone who induces someone to commit or suffer sexual acts: 1) abusing the 

conditions of physical or mental inferiority of the victim at the time of the facts, 2) misleading the victim 

for having the guilty be replaced by another person. 

- Sexual acts with children (Art. added ex L. 66/96, then modified under Law 38/06): 

Subjected to the punishment laid down in Article 609-bis anyone out of the cases listed in this Article who 

engages sexual activities with a person that at the time of the event: 1) has not completed his fourteen 

years of age, 2) has not completed sixteen years, when the guilty is the ascendant, the parent – even 

adoptive-, or his partner, guardian or other person referred the child to reasons for care, education, 

supervision or custody, or who lives with the latter. Out of the cases listed in Article 609-bis, the 

ascendant, the parent - even adoptive - or his partner, or guardian, who with the abuse of the powers 

associated with his position, engages sexual activities with a child who has not completed sixteen years, 

shall be punished with imprisonment from 3 to 6 years. The minor engaging sexual activities with a minor 

who has completed thirteen years cannot be punished outside the cases listed in Article 609-bis if the age 

difference between the subjects is no more than three years. In minor cases the punishment shall be 

decreased to two thirds. The penalty provided in Article 609-ter, second paragraph, is applied if the victim 

has not completed ten years. 

- Corruption of a minor (Art. added ex L. 66/96): Whoever commits sexual acts in 

presence of a person under the age of fourteen, in order to make him assist, is punished with 

imprisonment from 6 months to 3 years. 

- Complaint (Art. added ex L. 66/96, then modified under Law 38/06): Crimes listed in 

Articles 609-bis, 609-609-b and c are punishable on complaint of the victim. The proposed action is 

irrevocable. We shall, however, proceed ex officio: 1) if the fact referred to Article 609-bis is committed 

against a person that at the time of the event has not completed his eighteenth year 2) if the act is 

committed from the ascendant. the parent, including adoptive, or his partner, guardian or other person 

referred the child to reasons for care, education, supervision or custody, or who lives with the latter 3) if 

the offense is committed by a public official or a public service responsible for carrying out its duties, 4) if 

11

the act is connected with another crime requiring an ex officio procsecution 5) if the act is committed in 

the case referred to Article 609-quater, last paragraph. 

– Sexual group violence (Art. added ex L. 66/96): imprisonment from 6 to 12 years. 

After 2003, an intense parliamentary work was aimed to find more effective legal 

instruments to fight the phenomenon of violence and sexual abuse. In 2008, eighteen draft 

bills were proposed on the specific topic of paedophilia and only some of these have had a 

successful outcome with the approval and enacted into law. Of this small percentage 

belongs the proposals on the establishment of the national day against child abuse, the 

inclusion of offenses of the so called "cultural paedophilia" and of the so called "grooming". 

The Decree-Law N. 11 of 23 February 2009, entitled 

became law after 2 

months ( ). This measure provides harsher penalties for sexual 

violence crimes and introduces the crime of "persecution" in the Criminal Code with the 

art. 612 bis (after the 612 that defines the threat) among the crimes against the moral 

liberty, providing the implementation of specific law enforcement and victim protections. 

The introduction of this offense aims to respond to the need to limit the phenomenon of 

repeated harassments and persecution, legitimizing the psycho-physical consequences to 

the detriment of the victims and the need to implement the remedies. As for the sexual 

violence, the crime cannot be prosecuted ex officio - the lawsuit is needed by the injured 

party - except in some specific cases such as in situations involving minors. There is a term 

of imprisonment from 6 months to 4 years that can be increased if the act is committed by 

a spouse, former spouse or former partner. This specification is related to the fact that in 

most cases of there is a person who tries "to stay in touch" with the former partner 

or with a person with whom he has a close emotional relationship, implementing 

harassment, threats and / or attempting to alter his lifestyle (Article 612 bis). 

« . Unless the conduct is punished as a more serious crime, 

anyone who repeatedly and by any means threatens or harass somebody, so as to cause 

her a serious psychological discomfort or to determine a justified fear for her person 

safety or that of a close person or to relevantly affect her way of living, is punished – 

provided criminal action is brought by the victim – with detention for a period varying 

from six months to four years. The punishment increases when the fact is committed by 

a spouse legally separated or divorced, or by person emotionally linked to the victim. 

The punishment also increases when the act is committed against a child or those falling 

under the conditions of Article 339. The crime is punishable upon denounce by the 

victim. The ex officio proceeding is envisaged under the second and third paragraphs, or 

when such fact is connected with other crimes, to be processed ex officio”. 

The victim before presenting a complaint may be heard by the public security authority 

and advance a warning request against the author. The Local Police Chief, after brief 

"investigations" and a verification of the validity of the testimony will " " the 

person concerned in order to stop the persecution undertaken. The warning may prevent 

the continuation of the behaviour, that however can continue during the judicial process 

beyond the stringency of the law (Art. 8 cp). The amendments to Article 9 provide further 

protection and control of the offense with the prohibition to approach the places 

frequented by the victim. Often the victim, in addition to being followed and monitored to 

the way home, often, is harassed in public, also in the working context with many 

consequences, such as the inconvenience of having to "share" the threats and intimidation 

by the former partners. 

12

« (Amendments to the Code of Criminal Procedure) - 1. The Code of 

Criminal Procedure shall be amended as follows: a) after Article 282-bis shall be 

inserted the following: "Article 282-ter (Prohib ition to approach the places 

attended by the victim). - 1. The measure provides the prohibition of approach 

the court requires the accused not to come to certain places usually attended by 

the offended or to keep a certain distance from such sites or by the victim. 2. 

Where there are additional requirements of protection, the court may require 

the accused not to come to places normally attended by certain close relatives 

of the victim or by persons living with or otherwise related or to keep a certain 

distance from those places or by such persons. 3. The court may also prohibit 

the defendant from communicating through any medium, with the persons 

referred to in paragraphs 1 and 2. 4. When the attendance of the places referred 

to in paragraphs 1 and 2 is necessary for business or for housing needs, the 

court lays down the detailed rules and may impose limitations.. ». 

Law enforcement of crimes of sexual abuse and exploitation are also highlighted by two 

important goals: the 

” states this day as a moment of reflection for the 

fight against child abuse (Article 1) and entry into force (July 1, 2010) of the Council of 

Europe Convention for the Protection of Children against Sexual Exploitation and Sexual 

Abuse, also called the Convention of Lanzarote. In Italy, the 

 

 

introduces important 

changes to the Criminal Code in terms of cultural paedophilia and child pornography, 

upgrading the Italian legislation. After approval by the Chamber of Deputies 2 (19 January 

2010), the bill passed in the Senate that has made some changes. Currently, the text is then 

returned to the Chamber of Deputies that has to review the amendments proposed by the 

other branch of the Parliament with a view to amend it or final approval. The outline of the 

draft bill implements the provisions of the Convention which are not reflected in our legal 

system. Major new features include: 

 

 

 

prediction of the so called "", ie soliciting, that is the psychological 

manipulation of children for sexual purposes, as new types of crimes: " 

 

 

 

 

"; 

Integration of the crime of sexual acts committed on a minor with the punishment of 

subjects who abuse of their authority or influence over the child even when they 

have passed the age of sixteen years; 

Integration of the crime of child prostitution (new Article 600 bis), for which " 

 

 

2 The procedure states that the bill commutes between the two houses of parliament until an agreement is 

reached on an identical law text. When the text is approved by the House and Senate, the document will 

be sent to the President for signature and promulgation. 

13

; 

Adaptation to the Convention Article 600 ter, paragraph 5, to which is added that 

 

 

"(unless the fact constitutes a more serious crime); 

The fact that people offended by sexual exploitation and trafficking in persons 

crimes, committed against a minor, may be admitted to legal aid, also departing 

from the limits of income. 

Finally, on the larger phenomenon in terms of violence boundaries, the 

, introduces new measures to 

counter significantly active cases of domestic violence. The application of this law serves 

the dual purpose of preventing the danger of crime consumed by physical and 

psychological violence within the family and to recover the relationships within it. It is an 

important instrument of protection for victims of violence and aims to strengthen this 

protection through two types of actions: in criminal and civil law. Specifically, concerning 

the applicable penalties, the person who suffers physical and psychological violence can 

seek and obtain specific protective measures that are applied in criminal cases and the so 

called civil protection orders against the violent subject. In fact, the Article 282 bis has been 

introduced into the Code of Criminal Procedure which provides an important 

precautionary measure, the turning away from the family home of the violent subject. 

Following the commission of a crime related to physical and psychological violence against 

a family member, the public prosecutor may, in the course of preliminary investigations or 

trial, ask the presiding judge, if the conditions of need and urgency are fulfilled, the 

adoption of these measures. 

 

From a legislative point of view, the reflection about the treatments of author's of sexual 

abuses against children requires thinking about how and whether it is possible to 

reconcile the meaning of the sentence - and thus its rehabilitative purposes - with the need 

to protect society - through the control and reduction of offences and the social 

dangerousness of offenders - and victims. In Italy, however, despite some virtuous local 

experiences, the participation of competent institutions in many important research 

programs, the organization of working groups aimed at the establishment of institutional 

models of intervention and exchange of good practices, at legislative level specific 

treatment for this type of crime is not expected. Sex offenders are imprisoned in the same 

settings (though, in ) and follow the same treatments provided for any 

other inmate, as required by current regulations ( " 

" and 

" 

"). However, there are possible scenarios to initiate concrete 

experiences to take charge against this kind of condemned. The aforementioned Law 

269/1998 introduces for the first time in our legal system the concept of "recovery of the 

perpetrators of these crimes, by setting up a fund reserved in the first instance to the care 

of victims and as a residual to the treatment of offenders : 

14

- (Coordination activities): 1. They are assigned to the Presidency of the 

Council of Ministers [...], the functions of coordination activities carried out by all 

public authorities, concerning the prevention, assistance, including legal assistance, 

and protection of children from sexual exploitation and sexual abuse [ ...]. 2. The 

fines imposed, the amount of money confiscated, and those arising from the sale of 

property confiscated under this Act shall be paid into the State budget to be 

reassigned to a special fund to be included in the estimates of the Presidency of the 

Council of Ministers and for the extent of two thirds, to finance specific programs of 

prevention, care and psychotherapy recovery of children under the age of eighteen 

years victims of crimes under Articles 600-bis, 600-ter, 600-quater and 600-d of the 

Criminal Code introduced by Article 2, paragraph 1, 3, 4 and 5 of this Act. 

 

 

 

[...]. 3. In carrying out the functions 

referred to in paragraph 1, the Presidency of the Council of Ministers: a) collect data 

and information, both nationally and internationally, about the prevention and 

suppression and enforcement strategies planned or implemented by other States; b) 

promote, in collaboration with the Ministries of Education, Health, the Universities 

and Scientific and Technological Research, Justice and Foreign Affairs, studies and 

research related to social, health and legal phenomenon of sexual exploitation of 

children, c) participate, in agreement with the Ministry of Foreign Affairs, in the 

Community and international bodies with responsibilities for the protection of 

children against sexual exploitation 

Thirteen years after the law (1998-2011), there are no operational initiatives to treat - 

neither the victims nor, more importantly, the authors - born and supported by these 

funds, although some draft bills presented in the recent years in the House of Deputies - 

but never approved - ask the implementation of specific intervention programs for these 

types of offenders. 

An important step in the legislation could be the ratification of the Convention of Lanzarote 

(2007). Currently, the Convention has been signed by 42 of the 47 member states of the 

Council of Europe, 10 of which have also ratified. Articles 15 and 16 - Chapter V 

"intervention programs or measures" : 

1 Each Party shall ensure or promote, in accordance 

with its internal law, effective intervention programmes or measures for the persons 

referred to in Article 16, paragraphs 1 and 2, with a view to preventing and 

minimising the risks of repeated offences of a sexual nature against children. Such 

programmes or measures shall be accessible at any time during the proceedings, 

inside and outside prison, according to the conditions laid down in internal law. 

2 Each Party shall ensure or promote, in accordance with its internal law, the 

development of partnerships or other forms of co-operation between the competent 

authorities, in particular health-care services and the social services, and the judicial 

authorities and other bodies responsible for following the persons referred to in 

Article 16, paragraphs 1 and 2. 3 Each Party shall provide, in accordance with its 

internal law, for an assessment of the dangerousness and possible risks of repetition 

of the offences established in accordance with this Convention, by the persons 

referred to in Article 16, paragraphs 1 and 2, with the aim of identifying appropriate 

programmes or measures. 4 Each Party shall provide, in accordance with its internal 

law, for an assessment of the effectiveness of the programmes and measures 

implemented. 

15

States parties have considered it necessary to stress the measures to be taken to 

prevent recurrence of this type of crime through intervention programs inside and 

outside prison settings (Article 15, paragraph 1). The Convention also emphasizes 

the need to undertake an evaluation of the social dangerousness and risks of 

repetition of the offence (Article 15, paragraph 3). 

1 Each 

Party shall ensure, in accordance with its internal law, that persons subject to 

criminal proceedings for any of the offences established in accordance with this 

Convention may have access to the programmes or measures mentioned in Article 

15, paragraph 1, under conditions which are neither detrimental nor contrary to 

the rights of the defence and to the requirements of a fair and impartial trial, and 

particularly with due respect for the rules governing the principle of the 

presumption of innocence. 2 Each Party shall ensure, in accordance with its 

internal law, that persons convicted of any of the offences established in 

accordance with this Convention may have access to the programmes or measures 

mentioned in Article 15, paragraph 1. 3 Each Party shall ensure, in accordance 

with its internal law, 

 

 

. 

The Convention of Lanzarote focuses on another important issue: sexual crimes acting out 

by children and adolescents. Each country, in accordance with its internal law, should 

provide specific intervention programs "in order to deal with their problems of sexual 

behaviours" (Article 16, paragraph 3). 

At institutional level, the Italian Department of Prison Administration (DAP) of the Ministry 

of Justice – which is the institution responsible for the treatment of adult offenders - in the 

 

(Ministry of Justice, 2009) after having verified the absence 

of a treatment targeted program in most of the institutions on the national territory, 

underlines the need to: 

1) to examine the projects where they exist; 

2) assess the fallout on the recipients; 

3) make a choice between them and find a treatment model; 

4) give instructions for their dissemination; 

5) verify the instructions given; 

6) identify the structures providing dedicated treatment. 

Besides, the Department of Juvenile Justice of the Ministry of Justice - which is the 

institution responsible for the treatment of minor offenders - as reflected in the 

 

, aims to study the phenomenon of child victims of sex 

crimes and minors sex offenders, through the activities of the Offices of the Juvenile Social 

Services, within the framework of possible interventions under the jurisdiction of the 

Department of Juvenile Justice. The same gap or the lack of a specific treatment and the 

need to implement intervention procedures aimed at these types of offenders was also felt 

at local level. For years, local authorities (specifically, Regions) have been paid their 

attention to the treatments of sex offenders through the signature of 

16

. As example, the 

(2003) provides: 

(Article 4b). 

Another important example is the 

 

This agreement, in addition to the treatments, refers 

to the need to implement the joint actions of training of operators working in the prison 

system - "1. planning of joint initiatives of joint training between practitioners and 

operators of Local Authorities 2. funding for the project consultant, professionalism and 

expertise to carry out treatments 3. Take charge of sex offenders for an adequate support 

to families of origin on the territory and for a project to accompany the residents at the 

time of discharge, either for the termination of the punishment or for alternative measures 

to detention "(Article 7e). 

 

 

The treatment of sex offenders is a process that, in addition to be addressed to the victim's 

system, faces the crime author through a specific and targeted level of competence 

(Cuzzocrea, Lepri, 2010). In Italy, 

addressing professionals that work within the 

penitentiary context. Nevertheless, at European level there are some recommendations 

that are clear in these regard, as the on the European Prison 

Rules –adopted by the Committee of Ministers on the 12 th of February 1987 – and the 

on the European Rules on Community Sanctions and 

Measures alternatives to detention – adopted by the Committee of Ministers on the 19 th of 

October 1992. In particular, one of the aims pursued is: 

 

 

 

Furthermore, the Rule 39 of the Recommendation 

n. (92) 16 confirms that: 

 

 

 

 

In line with these recommendations, the Italian Ministry of Justice - Department of Prison 

Administration ( ) and the Higher 

Institute of Penitentiary Studies ( has 

organized two projects promoted by the European Union in the framework of the STOP 

17

Programme: WOLF project (Working On Lessening Fear) and For-WOLF 3 project (Training 

for WOLF). The first one, realized during 1998 and ended on March 1999, included a 

research and a transnational exchange between Italy, Belgium and Netherlands on the 

treatment of sex offenders against minors and on the need of training of the staff involved. 

For-WOLF, the following project, tried to address the needs previously emerged; therefore, 

research, training and transnational exchange (involving also UK and Spain) on the 

methodologies and contents of the training of social and penitentiary operators assigned to 

the treatment of sex offenders (AA.VV, 1999; Mariotti Culla, De Leo, 2005). The 

international comparison on different legal systems, treatment programs and efficacy 

showed not only that the criminal sanction is not sufficient to circumscribe the 

phenomenon but also, and above all, that it is necessary to proceed with the 

implementation of multi-dimensional intervention strategies (Cuzzocrea, Lepri, 2010). Yet, 

in recent years, apart from some local experiments, any legislative initiative in this 

direction has been developed. 

 

The Presidency of the Council of Ministers - Department for Equal Opportunities – has 

activated, since 2006, a large system action for the prevention and fight of violence, inside 

and outside the family, against women, children and adolescents, translating into 

operational actions some important indications contained in the law. These actions, mainly 

at local level, are the results of a synergic activity between institutions and associations. In 

the framework of the already mentioned 

the 

relevance of certain legal provisions has to be highlighted, in particular the 

such as promoting in the 

area of residence of the victim (Article 11). 

1. 

The law enforcement agencies, health facilities and public institutions that 

receive from the victim the notification of the crime of persecution, according to 

the Article 612-bis of the Criminal Code, introduced by the Article 7, are 

required to provide the victim any information related to anti-violence centres 

on the territorty and, in particular, in the victim’s area of residence. The law 

enforcement agencies, health facilities and public institutions offer themselves 

to put in contact the victim with the anti-violence centres, where expressly 

requested by the victim. 

The communities and anti-violence centres, assigned to the listening, welcoming and 

support of women victims of violence and abuse - and often of children and adolescents 

(where there are also minors in the family) -, were the first specific response to the 

phenomenon of violence and came up from the collaboration between private and public 

(in fact, at local level, the centres are often operated by social cooperatives or non-profit 

organization). An example is the "Anti-violence front office" active in Rome within the 

Policlinico “Tor Vergata” and run by the non-profit organization “Telefono Rosa”. This is a 

listening and welcoming service aimed at women victims of abuse or violence. It results 

3 The training and research activities have been carried out by the Department of Psychology of 

Development and Socialization Processes of the University of Rome “Sapienza” under the scientific 

coordination of Prof. Gaetano De Leo. Gian Luigi Lepri and Vera Cuzzocrea (with S. Di Tullio D’Elisiis) 

integrated the research group. 

18

from an agreement between 

 

The law also required the establishment of a to offer the first 

psychological and legal aid and to operate as an instrument of intermediation, even with 

the involvement of the law enforcement agencies, in case of necessity (Article 12). 

1. At the Presidency of the Council of Ministers - 

Department for Equal Opportunities – has been established a national helpline 

for victims of persecutions, which is active around the clock, with the objective 

of providing, within the limits of expenditure referred to in paragraph 3 of 

Article 13, a first psychological and legal assistance by a staff with appropriate 

skills as well as to communicate promptly, in cases of urgency and on the victim 

request, the reported stalking to the related law enforcement authorities. 

The purpose of the service is to create a "National Anti-Violence Network" 4 supported by a 

telephone number of public utility "1522" and to provide listening and support to women 

victims of violence. The helpline is available around the clock every day of the year and 

from the entire national territory for free, both from landline and mobile phones, with 

reception available in Italian, English, French, Spanish and Arabic. The telephone operators 

assigned to the service provide an initial response to the needs of women victims of 

violence, offering useful information and referral to the network of social-health public and 

private services available at local level. This network has been designed as a tool to 

acknowledge and disseminate at national level the actions carried out by local anti-violence 

networks called to fight the phenomenon of gender violence, ensuring at the same time the 

necessary connections between the government authorities operating in the fields of 

justice, social, health, safety and public order. The "hubs" of the national anti-violence 

network are the pilot areas. These are geographical areas, municipalities or provinces, with 

which the Department for Equal Opportunities signs a Memorandum of Understanding to 

promote awareness and fighting actions against gender violence, to encourage the 

establishment or strengthening local networks able to fight violence against women, to 

facilitate the integration of the national service “1522” with the social-heath facilities at 

local level and, finally, to organize public seminars on the topic of gender violence. 

Currently, the pilot areas are the cities of Bologna, Palermo, Naples, Venice, Pescara, Prato, 

Cosenza, Isernia, Trieste, Ravenna, Nuoro, Potenza, Aosta, Turin, Latina, Agrigento, Reggio 

Emilia, Faenza, the Provinces of Genoa, Ancona, Bari, Catania, Caserta, Crotone, Teramo, 

Pesaro-Urbino and the Autonomous Province of Bolzano. 

At legislative level, another sign of the collaboration between public and private sectors in 

the provision of prevention activities of the phenomenon of violence and sexual abuse 

against children and teenagers is the establishment, by the Government in 2003, of a public 

service operated by a non-profit organization: “SOS Telefono Azzurro”. The telephone 

service, connected to the line of public emergency “114”, was identified and defined in the 

Article 1 of the and is currently sponsored by 

the Department for Equal Opportunities. It is a service accessible by anyone who wishes to 

report situations of danger and discomfort, even deriving from pictures, messages and 

dialogues disseminated through the mass media or telematics networks (such as child 

pornography online), which may affect the psycho-physical development of children and 

adolescents. The service is available round the clock, every day of the year, at no cost to the 

4 For more information visit the website www.antiviolenzadonna.it, to ask for clarifications on the service 

functioning you can write to violenza.po@governo.it 

19

caller but with the call charge paid by the universal service. It is organized in order to 

provide assistance and psychological counselling in the cases of abuse and exploitation, 

and to refer to the local structures responsible for health, social and security sectors 

(Article 2 of the ). The same Association – being the 

authority in charge of the management of the “114” service – signed, 

committing 

itself (Article 6), in collaboration with Prefectures - Local Offices of the Government, 

including the Permanent Conferences, to promote initiatives aimed at mobilizing the public 

and private actors who can contribute, due to specific expertise in the health and social 

field, to the development of operational strategies to promote: 1. the knowledge of the 

“114” project and the dissemination of this knowledge and awareness at the local level; 2. 

the development of common procedures for intervention; 3. the dissemination of 

information between local contacts and inter-institutional referents on the management of 

emergencies that involve the “114” project; 4. the spread of a culture for the protection of 

childhood and adolescence, able to perceive the risk indicators for an adequate and 

effective preventive action. 

 

 

, despite having to deal every day with different problems 

related to both the nature of this type of crimes and the context in which they are received, 

 

. In particular, this happens in prisons that do not know how to differentiate the 

kind of prisoners and punishment and therefore, do not provide effective leverages to sex 

offenders to take different paths of change. The existing myths on the figure of these 

(largely disconfirmed by the scientific research but still present in the common 

sense) and the of this kind of crimes activate resistances both at cultural level 

(Traverso, Marzi, 1989) – to think seriously about the specific interventions likely to 

change sexually deviant behavior – and at operational level – to interact with the guilty - 

forcing the working operators to an obstacle course for the planning of specific 

interventions. Therefore, these offenders live in a marginal condition whose expression in 

prison is their location within separated - both logistically and in the 

organization of treatment activities - from the unit where the other prisoners are. This is 

one of the main contradictions existing in the management of the problem (De Leo, Patrizi, 

2006). 

In the light of the circumstances described above, here we try to represent two aspects of 

the Italian penal system connected to the handling of sexual offenses against children and 

adolescents: 

a) the justice model and the goals of the Italian system of punishment execution, as a 

frame of meaning within understanding the treatment of sex offenders; 

b) institutions and public and private actors responsible for the prevention, 

enforcement and taken in charge of violence and sexual abuse. 

 

20

In Italy, the to a criminal offense is regulated and guaranteed by different 

principles stated by the Constitution, including: (Article 

13), (Article 24), (Article 

27, paragraph 2), (Article 112), etc. 

After a starts a carried out by the 

Public Ministry ( ) with the support of the Judicial Police ( 

-). The aim of this first operational phase ( ) is to seek 

evidence to verify whether it is appropriate (remand and start of the process) or not 

(archive request) to establish a subsequent debating phase. The is regulated 

by the in the conformation of the evidence that expresses the 

guaranty of justice according to which no one can suffer the effects of a sentence without 

having had the opportunity to be part of the process from which it originates, that is 

without having had the possibility of an effective participation in the conformation of the 

judicial decision (the right of defence). The main types of penal sentences are: not to 

prosecute, the dismissal or acquittal, condemnation. The sentence of condemnations 

affirms the guilt of the accused and is pronounced only if there is full proof of guilty. 

The period of detention of an accused, inmate or convicted is governed by specific rules 

and goals. As indicated by our prison system ( " 

" and 

" 

"), the period of imprisonment should serve to the 

prisoner to reflect on the deviant behaviour adopted and the harm caused, in order to 

achieve an adequate reintegration into society, coherently with the principles expressed in 

our Constitution (1947) according to which " 

" (Article 27). In 

that sense, " 

 

" (De Leo, 1996, p. 24). Therefore, the offense, as violation of the 

right, is associated to a punishment with , under the legal and moral profile. 

The deprivation of liberty is the prime strategy to discourage from implementing 

transgressed behaviour, through the imposition of disadvantaged personal and 

relationship conditions (De Leo, 1996): measures such as physical suffering and 

deprivation became the means to induce the accused to the recognition of the error 

committed and to the resulting behavioural change. The Italian Criminal Code (“ 

) is considered a code «of compromise» that, balanced between the functions 

of control and care, has identified the way to state the main functions of the criminal 

response: general prevention or deterrence, special prevention, social defence. Therefore, 

in Italy, the legal sanction has a 

. The main instrument to achieve the last 

goal is: the work on the personality of the offender, about his psychological state, family 

and social condition, but also on any previous personal and socio-cultural variables that 

may have influenced the change of the behaviour into deviant (De Leo, 1996). Thus, the 

sentence with mere custody itself is not considered a functional change, at least not in an 

exclusive sense, contrary to the 

 

 

Among the various laws that followed one another in the last ten years, the 

(called "Gozzini Law"), introducing the "alternative measures", 

was undoubtedly the norm that most completely expresses the sense of the re-socialization 

purpose of the sentence. 

21

In Italy, there are several institutions responsible, according to different reasons, and 

assigned for managing these problematic issues. 

According to the size of the contrast of offenses, the jurisdiction is under the Ministry of the 

Interior which, together with the Ministry of Defence and their respective territorial 

delegations (for the first: Commands of fire-fighters, Prefectures, Police headquarters and 

Commissioner for Public Safety; while for the second: Provincial Headquarters of the 

, barracks and stations), is the assigned body for public order and security. In 

particular, the Ministry of Interior is organized into five Departments, including the 

Department of Public Safety which specifically provides technical and operational 

coordination to the Police Forces and is organized into thirteen Directorates. These include 

the Central Directorate for the Traffic, Railway and Communications Police and for the 

Special Forces of the State Police, which is at the base of the four main specialities of the 

State Police and is organized into four specialized services including the 

(previously mentioned). This structure is responsible for 

ensuring compliance with laws and regulations on telecommunications and the distorted 

use of technology as well as to prevent them from becoming a vehicle for illegal activities. 

Phenomena such as , attacks to computer systems, fraud 

perpetrated through the fraudulent use of codes of credit cards or debit cards, are some 

examples of criminal activities that are countered by the specialized staff. The Service 

guarantee an articulated presence, spread on all the national territory through the Central 

Service, a branch in Naples at the Regulatory Authority for Communications, 20 regional 

Compartments and 76 Provincial Sections. It is also organized into three Centres of 

Coordination: 

 

 

 

the national Centre for the fight against child pornography on the internet; 

the national Centre against informatics crimes for the protection of critical 

infrastructures; 

the national Commissariat of public security online. 

These centres coordinate respectively activities related to: combating child pornography 

on-line; prevention and punishment of informatics crimes in detriment of the computer 

systems of companies, institutions and public administrations who manage strategic 

activities; and provision of a point of reference to citizens to make, via the Internet, reports 

and complaints relating to crimes of various kinds, including obviously the informatics 

ones, or to request information on the various matters within the competency of the Postal 

and Communications Police. 

Instead, the institution responsible for the treatment of detainees (regardless of the type of 

crime) is the , in its specific branches of the 

 

competent for adults, and the Department of Juvenile Justice 

competent for younger people. 

Specifically, the DAP has been established by the Article 30 of the Law 395/1990, under the 

Ministry of Justice and has the following responsibilities: 

22

implementation of the order and security policy in detention centres and prisons and 

of the treatment for detainees and internees, as well as for sentenced and inmates 

eligible for alternative measures to imprisonment; 

technical operational coordination, direction and administration of the staff and of 

external collaborators of the administration; 

direction and management of technical support for the general needs of the 

Department. 

It is divided into five Directorates Generals (DG) which have specific intervention tasks – 

DG for material resources, goods and services; DG for personnel and training; DG for 

prisoners and treatment; DG for budget and accounting; DG for outside penal enforcement 5 

- and an Office of Advanced Penitentiary Studies. Furthermore, at local level, the 

Department, is organized into: 

 

 

16 Regional Superintendence of Prison Administration ( 

); 

213 penitentiary institutes of which 177 prisons for people who are waiting trial or 

serving a sentence of no more than 3 years prisons (“”); 70 houses 

of detention; 1 institution of attenuated custody for detainee mothers (); 2 care 

institutions for drug addicts; 1 detention centre. Within these structures operate 

social workers, educators and psychologists, who are part of the penitentiary team 

that, along with the Prison Director and the Penitentiary Police Corp, is responsible 

for taking in charge of the detainee (charged, inmate or convicted). 

The is made up of a central and local 

administrative network and ensures the implementation of the measures of the juvenile 

justice authority, guarantying the certainty of punishment, the protection of individual 

rights, the promotion of the adolescent evolutionary on-going processes and pursuing the 

goals of social and employment reintegration of minors entering the criminal circuit. It 

deals with the protection of the rights of children and young adults, aged from 14 to 21 

years, subject to criminal measures, through preventive interventions, educational and 

social reintegration. The local structures that make up the Department are: 

 

 

 

 

 

12 Centres for Juvenile Justice ( ) are organs of 

administrative decentralization that may have jurisdiction in the territory of several 

regions and in these case refer to more courts of appeal. 

19 Penal Institutions for Minors ( - ) ensure the 

implementation of the measures of the justice authority, as the custody or the 

expiation of punishment against juvenile offenders. 

29 Offices of Social Services for Minors ( 

) provide assistance to juvenile offenders at every stage and level of criminal 

proceedings. 

25 First Care Centres ( ) host the minors under 

arrest, detention or accompanying until the validation hearing which must take 

place within 96 hours from the arrest or accompanying, ensuring the custody of 

minors without being structures as prisons. 

12 Communities ensure the implementation of the measures of the justice authority 

addressing juvenile offenders. 

5 The DG director is Dr. Luigia Mariotti Culla, already mentioned for the collaboration activity started by 

the Università di Sassari to the purposes of the project initiative. 

23

Social workers, educators and psychologists operate within these structures. 

The last governmental institution to discuss about is the 

within the Presidency of the Council of Ministers that it has, among others, 

the delegation 

 

 

Besides, in Italy there are several which promote important 

initiatives in order to prevent the phenomenon of child abuse, to train health, educational 

and penitentiary professionals working in the field of treatments of offenders, to support 

institutions (police, judicial authorities, local services, etc.) for law enforcement purposes 

(for example, through the reports of crimes), to carry out research and implement 

specialized interventions (such as psychological expert analysis on behalf of the 

prosecution or treatment of the victims and / or offenders).There are listed below the most 

important national organisations: 

 

 

http://www.savethechildren.it Save the Children Italy, 

since its founding in 1999, it worked to defend and promote the rights of children 

and to concretely improve their living conditions. Working closely with local 

communities, Save the Children brings immediate help, assistance and support to 

families and children in need and it creates positive and lasting changes in 

children's lives in places where it operates. The presence of the Organization during 

the recent years, it has been established in various policy sectors and areas, such as 

the protection of migrant children in Italy or at risk of exploitation, and children and 

adolescents who are exposed to problems resulting from illegal and improper use of 

new technologies, or as part of the national education system. At the international 

level, Save the Children is present and active in South America, Asia, Africa and 

Europe (Albania, Bosnia and Montenegro, Kosovo). 

http://www.ecpat.it 

The ECPAT network is composed of ECPAT groups based all over the world; the 

International Board, elected by the International Assembly; and the International 

Secretariat. In 1996, the network consisted of 17 groups. By 1999, it had grown to 

53 groups and, in 2007, there are over 80 groups in more than 70 countries. ECPAT 

groups are very diverse: some are large coalitions of NGOs; some are small groups 

composed of individuals. Some groups have activities covering a wide range of CSEC 

issues while others concentrate on only one aspect. 

The International Secretariat is the administrative and coordinating unit of ECPAT 

International and is based in Bangkok, Thailand. Every three years, the ECPAT 

groups meet at the International Assembly, which is the highest decision-making 

body of the organisation. The International Board, composed of eight regional 

representatives from all continents, together with an independent Chairperson, 

Treasurer, Secretary and Youth representative, are elected at the Assembly and 

normally serve for three years. 

ECPAT works to build collaboration among local civil society actors and the broader 

child rights community to form a global social movement for protection of children 

from sexual exploitation. Its membership reflects the richness and diversity of 

experience, knowledge and perspectives that arise from working in widely different 

contexts. 

24

ECPAT groups are involved in implementation of various initiatives to protect 

children at local levels, while the Secretariat provides technical support and 

information, and holds workshops and other educational forums to extend and 

exchange knowledge among groups in different countries. It also represents and 

advocates on key issues at the international level on behalf of the network. 

http://www.azzurro.it Telefono Azzurro Onlus has 

invested in the experimental projects of the Tetto Azzurro structures and 

Emergency team working in situations of serious events involving children and 

adolescents. It has taken over the management of the national telephone service for 

emergencies of childhood, hot 114, and the one to report missing children, hot 

116.000. It works in schools, training of operators, with institutions to ensure 

compliance in all areas of children's rights. The Association is committed to the 

prevention and treatment of difficult situations through the involvement of the 

community, tackling the problems of children in a national, European and 

international perspective. Telefono Azzurro Onlus is also a permanent observatory 

of childhood in Italy, publishing an annual National Report on the Status of the Child 

in collaboration with Eurispes. The Association is committed to a continuous 

operational theoretical and methodological comparison with the English, French, 

Spanish and Austrian Helpline, in order to identify and adopt common guidelines for 

the counseling management and for the training and the development of operators 

skills. 

http://www.telefonorosa.it was born on February 1988 as a 

temporary tool research to bring out the “underground” violence through the direct 

voice of women, of which there is no evidence in the minutes of health professionals 

or law enforcement. In recent years, beyond all efforts towards people in distress, 

the association sponsored conferences, initiatives and communication campaigns. 

The association is recognized by the Register of Volunteers of the Lazio Region since 

25th November 1993 to the second section - social services, as well as the register 

of entities and associations operating in favor of immigrants from the Ministry of 

Labour and Social Affairs, Directorate General for Immigration, in September 2004. 

Since 2006, "Telefono Rosa - non-profit organization" has legal personality. At 

present, the National Association of Volunteers of Telefono Rosa onlus is a network 

of local associations. The headquarter is in Rome. 60 volunteers, 12 criminal and 

civil lawyers, 10 psychologists, 12 cultural mediators of different nationalities work 

together for the associations. Counseling is free. 

 

promotes the coordination and 

exchange between centers and services, both public and private, working in the field 

of prevention and treatment in abuse against children. CISMAI identifies guidelines 

for the resolution of the situations and defines intervention protocols to be used by 

different departments and promotes contacts and exchanges with political and 

institutional forces in order to indicate the priorities of the action to fight violence 

against children. It promotes conferences, seminars, debates, research, publications, 

training courses. It keeps contacts and collaborates with other national and 

international associations committed to the defense of the children rights. 

 

http://www.istitutopsicoterapie.it/centropsicologiagiuridica/index.html 

recognized by the International Society of Forensic Psychology, since more than 15 

years, provides counseling in various fields of forensic psychology, including the 

evaluation and treatment of victims and perpetrators of child sexual abuse. 

25

Moreover, the Centre has got suitable premises to conduct protected hearings and 

meetings. The Centre carries out researches, training and intervention projects for 

the prevention of abuse against children, in collaboration with organizations and 

associations at national and international levels. 

 

This section intends to present an overview about sexual crimes against children and 

adolescents by analyzing data from the major national institutional sources: judicial 

statistics of the Ministry of Justice and of the Interior, the National Institute surveys 

Statistics - ISTAT (a governmental research organization working since 1926 as main 

producer of official statistics in support of citizens and public decision makers) related to 

the time period of the last ten years. 

We first analyzed the presence of adult inmates considering their legal position, gender and 

nationality in the penal institutions (Tab. 1). 

 

 

 

 

 

 

31/12/2001 23.302 30.658 1.315 55.275 2.421 16.294 29,48 

31/12/2002 21.682 32.854 1.134 55.670 2.469 4,44 16.788 30,16 

31/12/2003 20.225 32.865 1.147 54.237 2.493 4,60 17.007 31,36 

31/12/2004 20.036 35.033 999 56.068 2.589 4,62 17.819 31,78 

31/12/2005 21.662 36.676 1.185 59.523 2.804 4,71 19.836 33,32 

31/12/2006 22.145 15.468 1.392 39.005 1.670 4,28 13.152 33,72 

31/12/2007 28.188 19.029 1.476 48.693 2.175 4,47 18.252 37,48 

31/12/2008 29.901 26.587 1.639 58.127 2.526 4,35 21.562 37,09 

31/12/2009 29.809 33.145 1.837 64.791 2.751 4,12 24.067 37,15 

31/12/2010 28.782 37.432 1.747 2.930 4,31 24.954 36,72 

 

 

The data show that the in Italian prisons has been increasing since 2001, 

especially foreigners. Remarkably stable is the presence of the female population that is 

less than the male. The regions with the highest number of prisoners are Lombardia, Sicilia, 

Campania and Lazio. It is noted that Lombardia and Lazio have a high rate of immigrant 

population. In proportion to the national population, the number of foreigners inmates in 

Italian prisons is very high especially in comparison with the number of Italian prisoners; 

in some regions as Veneto, Emilia Romagna, Trentino Alto Adige, Toscana foreign prisoners 

are more than the Italian ones while in others, as Lombardy and Piemonte, the number is 

equitably distributed. Just over the half of the prison population has already been 

condemned, the remainder is made up predominantly by defendants awaiting the trial, 

appellants, or any applicants with a legal position not defined. Another general 

consideration concerning the adult prison population in Italy must be made concerning 

26

overcrowding: almost all penal institutions do not comply with regulatory capacities, in 

some cases they exceed the maximum number of places for inmates permitted , from the 

north (for example, in Emilia Romagna, Lombardia, etc..) to the south (for example, in 

Campania and Sicilia) (DAP, 2010). 

Compared to the , it shows the property crimes (the most common are theft, 

robbery), those related to the sale of drugs and finally the Offences Against the Person 

among them are the most serious murder and violence sex (Tab. 2). 

 

 

Associazione di stampo mafioso (416bis) 113 5.684 5.797 

Drug Law 1.281 26.873 28.154 

Weapons Law 121 9.675 9.796 

Public security 151 3.059 3.210 

Against property 1.144 30.749 31.893 

Prostitution 173 989 1.162 

Against public administration 156 7.465 7.621 

Public safety 39 1.713 1.752 

Public trust 170 3.898 4.068 

Public morality 7 227 234 

Against the family 51 1.605 1.656 

 

 

Against the state 16 165 181 

Against the administration of justice 282 5.605 5.887 

Public economy 10 499 509 

Contraventions 69 3.825 3.894 

Foreign Law 156 3.743 3.899 

Against the religious sentiment and the pity of the dead 35 1.024 1.059 

Other crimes 77 3.153 3.230 

 

 

Among the most perpetrated beyond sexual violence there are sexual acts 

with minors, corruption of minors, exploitation and abetting prostitution and child 

pornography, possession of child pornography reported by the Judicial Authority Law 

Enforcement in 2008 (Figure 1) . 

27

Sexual 

Violence 

Sexual acts 

with minors 

Corruption of 

minors 

Exploitation 

and abetting 

of 

prostitution 

Child 

pornography, 

possesion of 

child 

pronography 

6 

(ISTAT) 

In Northern Italy can be inferred more crimes against children over the Central and 

Southern of the country (Tab 3 and 4). 

 

Northern 

 

 

 

 

 

 

 

 

 

 

2.53 

3 246 805 291 3.875 

Central 972 86 359 100 1517 

1.38 

Southern 

6 142 320 146 1.994 

 

Source: Crimes reported by the Judicial Police Authority - Reference period: Year 2008 7 

(ISTAT) 

 

 

 

 

 

 

 

 

 

 

 

 

 

Piemonte 387 33 13 154 28 

Valle 

10 - 1 1 1 

d'Aosta 

6 The historical and numerical series of these data is available and can be download in the 

database of the ISTAT Geographic Information System on Justice, 

http://www.istat.it/dati/dataset/20100809_00/ 

28

Lombardia 985 94 30 263 78 

Trentino- 

Alto Adige 

107 12 7 15 25 

Veneto 379 37 15 97 53 

Friuli- 

Venezia 101 16 5 81 12 

Giulia 

Liguria 136 13 3 47 44 

Emilia- 

Romagna 

428 41 15 147 50 

Toscana 377 43 8 126 40 

Umbria 61 7 1 26 11 

Marche 107 4 4 49 14 

Lazio 427 32 13 158 35 

Abruzzo 91 11 5 36 15 

Molise 13 2 3 6 7 

Campania 338 26 16 94 23 

Puglia 285 31 9 66 13 

Basilicata 41 4 3 1 4 

Calabria 131 12 1 41 26 

Sicilia 356 48 16 55 43 

Sardegna 131 8 - 21 15 

 

Fonte: Crimes reported by the Judicial Police Authority - Reference period: Year 2008 8 , ISTAT. 

The Regions where they were reported more sexual offenses in proportion to population 

are Emilia Romagna, Toscana, Lombardia and Trentino Alto Adige. But the most interesting 

data is the steady increase in complaints from 2004 to 2007 (ISTAT, 2009). This trend is 

changed, according to data of the Central Directorate of Criminal Police (Department of 

Public Safety of the Ministry of Interior) in the period 2007-2009 in which the police 

registered a decrease of 4.2% of complaints of sexual violence (Tab. 5). 

Tab. 5. Number of cases of sexual violence in Italy 2007-2009 

 

 

CRIMES AGAINST THE PERSON 163.276 168.200 160.601 -1,6% 

COMMIT OF HOMICIDE 630 612 579 -8,1% 

 

THEFT 1.636.656 1.392.544 1.307.444 -20,1% 

ROBBERY 51.210 45.857 35.150 -31,4% 

TOTAL 

 

 

By analyzing the number of cases recorded by the Police about 

in the years 2001 - 2005 (2.123), it shows that 84, 6% (1.797) applies to cases of 

sexual violence (Article 609 bis and ter Law 96/1966), in which there are reports of 2.086 

people (of whom 993 under arrest) which are mainly of Italian nationality. 84, 6% of all 

8 Attempted homicides, injuries, manslaughter and threats. 

29

child victims of sexual abuses (2.604) are female and of Italian origin (2.202). The victims 

are especially less than eighteen (11 -14 years and 0-10 years = 1.030 = 940), while for 

those aged between 15 and 17 registered 634 cases. The context in which the child has 

suffered sexual abuse is usually the kit/kin, in fact, eight out of ten cases of the offender 

was known to the victim. If we compare the same data, relating to sexual abuses, reported 

to the police station between July 1997 and June 2001 shows that the phenomenon was 

significantly reduced by 2.9%. Also from July 1997 to June 2001 83% of reported crimes 

about sexual violence (art. 609 bis and ter L. 96/66). In both periods under review, the 

authors of crime have been identified by the investigators, usually in 97% of reported 

crimes (Central Directorate of Criminal Police, 2009). 

The table 6 summarizes the data provided by the office of social services (USSM) DGM of 

the Ministry of Justice on . It is evident from 

the report of USSM that, with regard to reported child and taken in charge for sexual 

violence (Article 11 of Law 66/1996) 9 in the years 2007-2009, there was a decrease of the 

phenomenon because the number of reported cases decreased in both cases in 2008 and 

2009, or whether there are cases of abuse within the family that are more difficult to bring 

out it. 

 

 

 

 

 

 

Minors reported on 2007 66 121 187 3 7 10 69 128 197 

Children for whom 

Social Service 

have been activated for 

the first time on 2007 

Minors taken in charge from previous 

periods 

pre-2007 

59 136 195 4 11 15 63 147 210 

8 14 22 1 1 2 9 15 24 

Total number of minors taken in charge 67 150 217 5 2 17 72 162 234 





the first time in 2008 


periods 

pre-2008 

37 94 131 1 5 6 38 99 137 

17 29 46 1 - 1 18 29 47 

Total number of minors taken in charge 54 123 177 2 5 7 56 128 184 

9 The Department of Juvenile Justice works in the cases of sexual abuse against minors under the 

Law 66/96, as the services of the juvenile justice system are directly activated by art. 11 

paragraphs 3 and 4 of the Act. The responsibility is under the co-ordination among the judiciary, 

juvenile services and local institutions for the implementation of measures to prevent the 

phenomenon, but also because the child is guaranteed assistance services in juvenile justice and 

local government and why 'judicial authority makes use of these in every state and stage of the 

proceedings. The services of the juvenile justice system assist children during the judicial process. 

At this stage of the process the so-called "taken in charge", it is available for the child victim of 

crimes and his family dedicated professionals service such as psychologists and social workers, 

each with its specific technical intervention. 

30





the first time on 2009 


periods 

pre-2009 

31 99 130 2 10 12 33 109 142 

12 30 42 - - - 12 30 42 

 

Source: Department of Juvenile Justice - statistics service 

Concerning the fight against and related crimes it would 

seem that the rules introduced by Law 269/1998 (and subsequent amendments) have 

been found particularly useful in punishing specific conduct, such as production, 

marketing, distributing, disclosure, transfer and possession of child pornography. The 

investigative activity conducted by the Post and Communication Police in the past decade 

has brought to the arrest 219 people, the complaint on bail of 4.216 people, 3.978 house 

searches of people suspected of paedophile on-line and the closure of more than 170 Websites 

in Italy and statements containing material depicting child sexual abuse. A growing 

percentage, from 10% to 21% of the sample under investigation by the Postal Police for 

possession and distribution of child pornography, also uses the network to try to entertain 

conversations and have contact with minors (CETS - Child Exploitation Tracking System, 

Police Postal and Communication). This shows that probably the hypothesis that a large 

number of users of child pornography has an interest in child contact, with the aim 

"minimum" to talk with them about sexual matters, with the final goal to organize meetings 

to abuse of the minor. About identikit of online Italian paedophile, we can state that the 

abuser is almost exclusively male, although cases have been detected in which women are 

also involved and not simply as a passive accomplice of the crimes (94.5% males and 

females 5.5%). The phenomenon also noted, a cross-disciplinary, involving all age groups, 

with priority for those between 20 and 40 years. The subjects studied are more singles 

(37%), but also married (31%). The transversality of the phenomenon is also found at the 

local level: the subjects under investigation are from all types of cities and from all regions 

of the Italian territory in similar percentages. Generally we are dealing with subjects from 

upper-middle level of education, the paedophiles belong to this category of Internet 

visitors. The victims preferred by the "monster" are girls aged between 12 and 14 years, 

which brings in a subtle and 'innocent'. 

Finally, compared with the figure of the , analyzing the flows of users 

of Juvenile Justice Services (DGM) in 2009 shows that in most cases, minors taken in charge 

by the Departments of Justice for Minors are authors of crimes against property, while 

crimes against the person, including those of a sexual nature, representing 7% out of the 

total (Table 7). 

31

CRIMES AGAINST THE 125 - 125 56 4 60 181 4 185 

PERSON 

Homicide 10 30 - 30 10 - 10 40 - 40 

 

 

 

Self injury 31 - 31 16 1 17 47 1 48 

Guilty injury 29 - 29 10 1 11 39 1 40 

Kidnapping 5 - 5 4 1 5 9 1 10 

Private violence and threats 5 - 5 - - - 5 - 5 

Other against the person 7 - 7 3 - 3 10 - 10 

AGAINST PUBLIC MORALITY 1 - 1 3 1 4 4 1 5 

AND FAMILY 

1 - 1 - - - 1 - 1 

 

 

 

- - - 3 1 4 3 1 4 

AGAINST HERITAGE 11 932 28 960 536 214 750 1468 242 1710 

OTHER CRIMES 12 629 24 653 170 9 179 799 33 832 

1.687 52 1.739 765 228 993 2452 280 2732 

Source: Department of Juvenile Justice, flows of users of Juvenile Justice Services, 2009 

 

AAVV. (1999), 

 

 

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Seminario Trasnazionale, Roma 10-12 marzo 1999. 

Baldry A.C. (2006), 

Franco Angeli, Milano. 

Caffo E., Camerini G.B., Florit G. (2004), 

, seconda edizione, McGraw-Hill, Milano. 

Cuzzocrea V. (2006), “Pedofilia, pornografia e pornografia minorile: aspetti descrittivi, 

nessi e differenziazioni”, in AAVV, 

, Telefono Azzurro – Eurispes, Roma. 

Cuzzocrea V. (2004), “Il minore autore di reati sessuali: la costruzione di un profilo e la 

riflessione sui percorsi di intervento attraverso l’analisi della letteratura 

internazionale”, in L. Rossi, Carocci, Roma. 

10 The classification of "murder" includes the offenses of: murder, attempted murder, manslaughter and 

negligent homicide. 

11 This category includes crimes: extortion, robbery, receiving stolen property, theft, damage to heritage, 

livestock and land, embezzlement 

12 This category includes the offenses: violation of the law on drugs, violence, resistance and outrage at 

Public Official and harbor illegal possession of weapons, driving without a license and other crimes not 

mentioned by the official source. 

32

Cuzzocrea V., Di Tullio D'Elisiis S., Zangirolami M. (2002), "Il trattamento dell'autore di 

reati sessuali a danno di minori nel contesto penitenziario italiano", in C. Simonelli, F. 

Petruccelli (a cura di), , Quale Psicologia, Roma, pp. 539 – 542. 

Cuzzocrea V., Lepri G.L. (2010), “Il trattamento dell’autore di reati sessuali: miti e 

contraddizioni”, in A.L. Fargnoli (a cura di), 

Alpes, Roma. 

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in E. Caffo (a cura di), Centro Scientifico Editore Torino, pp. 

96 – 102. 

De Leo G., Cuzzocrea V., Di Tullio D'Elisiis S., Lepri G.L. (2001), “L'abuso sessuale sui 

minori”, in , n. 1-3, Istituto Poligrafico e Zecca 

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De Leo G., Patrizi P. (1999), , Carocci, Roma. 

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Simonelli, C., Petruccelli, F., Vizzari, V. (a cura di), Franco 

Angeli, Milano, pp. 105-123. 

Dèttore D., Fuligni C. (1999), , MCGrawHill, Milano. 

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costruzione e sviluppo di gruppi operativi integrati” in P. Patrizi, S. Di Tullio D'Elisiis e 

B. Del Vecchio (a cura di) 

Carocci, Roma. 

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Marshall W.L., Anderson D., Fernandez Y. (1999), 

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, Franco Angeli, Milano, pp. 244-263. 

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Infanzia e abuso sessuale, Giuffrè, Milano, pp. 159-209. 

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Sardegna Sardegna sociale, http://www.sardegnasociale.it/index.php 

33

Patrizi P., Bussu A. (2006), in a. Mazzette (a cura di), 

, (volume e cd), Centro Studi Urbani, 

Unidata, Sassari, www.centrostudiurbani.it 

Patrizi P., De Gregorio E., Cuzzocrea V., Zechini A., Vagni M. (2010), “Nuove forme di 

prevenzione e trattamento delle devianze”, in G. Gulotta G., A. Curci (a cura di), 


Petruccelli I., (2002), , Carocci, Roma. 

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Simonelli, C., Petruccelli, F., Vizzari, V. (a cura di), Franco 

Angeli, Milano, pp. 93-104. 

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rappresentazione sociale della violenza sessuale”, in XVII/2. 

34

Prepared by: Maria Francuz 

– Krakowskie Centrum Zarządzania i Administration Ltd 

 

 

The Republic of Poland is a unitary state with a civil law legal system. Poland has had a 

turbulent political history which is reflected in the development of its legal system. In 1791 

it became the first European nation to institute a constitution. Independence was lost at the 

end of the 18 th century, and Polish territories were variously ruled by Russia, Austria and 

Prussia/Germany throughout the 19 th century. Each occupying nation imposed its own 

legal system, although the central region of Poland still followed a version of the 

. Poland regained independence in 1918, and the interwar period saw the 

creation of a new Polish legal system. 

After World War I Poland regained its independence. After the war there were five 

different legal systems in Poland: of the Germany in the West, of the Austrian Empire in 

the South, of the Russian Empire in the far East, of the former Congress Poland in the 

Center, and two tiny regions (Orava and Spisz ) in the South with the Hungarian common 

law. 

In 1919 the first Codification Commission was created. The most prominent representative 

of the Penal Commission was professor Juliusz Makarewicz . Works finished in 1931, and 

the Code was enacted by the President's regulation on July 11 1932. Often called the Code 

of Makarewicz, the Code of 1932 is perceived by the Polish jurisprudence to be an exquisite 

example of the modern penology. It consisted of 295 articles in 42 chapters. 

Sexual offences against children were regulated in the art. 203, 208 – 213. The offences 

were: 

1) Indecent assault against a person under the age of 15; 

2) Facilitating prostitution, pimping, inducing another person to practice prostitution 

in order to derive a material benefit, transporting a minor under the age of 15 out of 

the country in order to engage him/her in prostitution; 

3) Committing a lewd act in the presence of a person under the age of 15. 

On September 1, 1939 Poland was attacked by the Nazi army. On September 17, the Red 

Army invaded as well. Poland ceased to exist, and so did its penal law. After the war the 

new government upheld the Penal Code of 1932. The codification of the civil law was much 

more important for the communist régime than codifying the Penal Code. After minor 

changes, the elastic Code of 1932 remained in force. Works on a new code began in the 

1960s. Chaired by Jerzy Sawicki and Władysław Wolter , the Codification Commission put 

forward a project in 1963. However, it was refuted as too progressive. The next 

commission, moderated by prof. Andrejew, proposed a draft of the new code in 1968. 

Without much discussion, it was implemented the following year. 

35

The Penal Code of 1969 contained only two articles which regulated sexual offences 

against children. They were art. 176 and 177 which introduced legal responsibility for 

committing a lewd act against a person under the age of 15 (the penalty of the deprivation 

of liberty for a term of between 1 up to 10 years) or committing a sexual act in the presence 

of a person under the age of 15 (the penalty of the deprivation of liberty for a term of 1 

year, the penalty of restriction of liberty or a fine). 

Since 1989 Poland is a republic formed on the democratic basis. The Republic of Poland is 

based on the Montesquie’s separation of powers principle. The legislative power is vested 

in the Parliament consisting of the lower house and the upper house . The 

executive power is vested in the President of Poland and the Council of Ministers, and the 

judicial power is vested in courts and tribunals. 

The sources of Polish are divided into two categories: universally binding law and internal 

law. According to the latest Constitution of 2 April 1997, the sources of universally binding 

Polish law are: the Constitution itself as the supreme law of the land, the statute (“ustawa”), 

ratified international agreement and regulation (“rozporządzenie”). In addition to these 

sources it has to be mentioned as well that the enactments issued in the course of 

operation of organs constitute the universally binding law in the territory of the organ that 

issued such enactments (local law). 

In order to come into force, the statutes, regulations and enactments of local law have to be 

published. The statutes also regulate the conditions for promulgations of ratified 

international agreements and other international agreements, however, in general they are 

published in the same manner as statutes. 

The aforementioned acts are published in the Journal of Laws of the Republic of Poland 

(“Dziennik Ustaw”). In addition, there are a number of local law journals that are published 

in province’s official journals. All other acts constitute a part of internal law. They bound 

only the organs of public administration and self-government which are subordinated to 

the issuing organs and organizational units. 

The examples of such acts are: resolutions (“uchwała”) adopted by the Sejm, Senate and the 

Council of Ministers, orders (“zarządzenie”) issued by the President of the Republic of 

Poland, the President of the Council of Ministers and ministers, the acts of local law that are 

not universally binding and non-ratified international agreements. 

These acts are published in the Journal of Laws of the Republic of Poland (“Dziennik 

Ustaw”), mostly in the Official Journal of the Republic of Poland (“Monitor Polski”) and in 

the local official journals. 

The current Penal Code was enacted on June 6, 1997, published in the Journal of Laws No. 

88, item 553 and came into effect on January 1, 1998. 

Penal Code is divided into three parts. Bearing the name , the first part is a 

scaffolding for the whole code. It defines basic terms, types of sanctions and regulates all 

aspects of penal responsibility. It is composed of 15 chapters divided into 116 articles. The 

second part of the Penal Code is a catalogue of crimes, including penalties foreseen for each 

of them. It is made up by 200 articles (Art. 117 to Art 316) gathered into 22 chapters 

(Chapter XVI to Chapter XXXVII). The third part defines crimes that can be committed by 

active soldiers only. It is composed of 46 articles grouped into 7 chapters. 

Sexual offences against children are regulated in Chapter XXV – Offences against Sexual 

Liberty and Decency. Initially, it was in particular the art. 200, which stated that a sexual 

intercourse with a person under the age of 15 is an offence, as well as performing other 

sexual act against such person and forcing a minor to submit to or perform such an act (the 

penalty of the deprivation of liberty for a term of 1 up to 10 years). 

36

The Polish law does not define the term “child”, but, depending on the kind of the legal act, 

uses the terms: a minor, a juvenile, underage. In the Polish law, the borderlines of age 

differentiate between: 

 

 

 

Child’s responsibility for illegal acts he/she commits. 

Threat of penalty for some of the adults’ acts against children. 

Actions towards children in the penal process. 

In the Penal Code hereby described the term “minor under 15 years of age” is used. 

Moreover, the Penal Code of 1997 included other regulations in that matter: 

1) “ . § 2. Whoever presents pornographic material to a minor under 15 

years of age or makes available to him/her items of this nature, shall be subject 

to a fine, the penalty of restriction of liberty or the penalty of deprivation of 

liberty for up to 2 years. § 3. Whoever produces, for the purpose of 

dissemination or imports or propagates pornographic material in which minors 

under the age of 15 participate, or pornographic material associated with the 

use of violence or the use of an animal shall be subject to the penalty of the 

deprivation of liberty for a term of between 3 months and 5 years. 

2) Article 203. Whoever, by force, illegal threat or deceit, or by abusing a 

relationship of dependence or by taking advantage of a critical situation, 

subjects another person to practice prostitution shall be subject to the penalty 

of the deprivation of liberty for a term of between 1 and 10 years.” 

Penal Code was supplemented by: 

Code of Penal Procedure – Journal of Laws of 1997, no. 89 item 555. 

Executive Penal Code Journal of Laws of 1997, no. 90 item 557. 

The attitude to the problem of sex crimes against children began to change in 2004. On May 

1, 2004 the act of Penal Code concerning criminal liability for sex crimes against children 

underwent significant changes. The changes referred to the article no. 202, which read as 

follows: 

“ 

§ 1. Whoever publicly presents pornographic material in such a manner that it is 

imposed upon a person who may not wish so shall be subject to a fine, the 

penalty of restriction of liberty or the penalty of deprivation of liberty for up to 

one year. 

§ 2. Whoever presents pornographic material to a minor under 15 years of age or 

makes available to him/her items of this nature or distributes pornographic 

material in the way allowing him/her acquaintance with such material shall be 

subject to a fine, the penalty of restriction of liberty or the penalty of deprivation 

of liberty for up to 2 years. 

§ 3. Whoever produces, for the purpose of dissemination or preserves, imports, 

stores or possesses, distributes or propagates pornographic material in which 

minor participate or pornographic material associated with the use of violence or 

the use of an animal shall be subject to the penalty of the deprivation of the 

liberty for a term of between 6 months and 8 years. 

§ 4. Whoever preserves pornographic material with the participation of a minor 

under 15 years of age shall be subject to the penalty of the deprivation of the 

liberty for a term of between 1 year and 10 years. 

37

§ 5. Court may decide upon forfeiture of means or other items, which were 

intended to be used or were used to commit offences described in paragraphs 1 – 

4b, even if they were not owned by the perpetrator himself.” 

Further legal changes concerning child sexual abuse were enacted on May, 27 2005 (The 

Journal of Laws no. 163, item 1363). The changes affected the treatment of sex offenders 

(articles 39, 41 41a, 43, 50, 72, 73, 84, 84a, 95a) and the regulation of sex crimes against 

children. 

The was altered: 

“ § 1. Whoever subjects another person to sexual intercourse by force, 

illegal threat or deceit, shall be subject to a fine, the penalty of restriction of 

liberty or the penalty of deprivation of liberty for a term of 2 to 12 years. 

§ 2. If the perpetrator subjects another person to a sexual act or makes them 

perform such an act in the manner specified in § 1, shall be subject to the penalty 

of the deprivation of liberty for a term of between 6 months and 8 years. 

§ 3. If the perpetrator commits a rape: 

1) together with another person, 

2) on a person under 15 years of age, 

3) with regard to ascendant, descendant, adopted, adopting relation, brother 

or sister, shall be subject to the penalty of the deprivation of liberty for a 

minimum term of 3 years. 

§ 4. If the perpetrator of the act specified in § 1-3 acts with particular cruelty, he 

shall be subject to the penalty of the deprivation of liberty for a minimum term of 

5 years.” 

In art. 199, the former content was marked as § 1, § 2 and § 3 were added: 

“ 

§ 1. Whoever subjects another person to sexual intercourse or any other sexual act or 

makes them perform such an act, abusing a relationship of dependence or taking 

advantage of a critical situation, shall be subject to the penalty of deprivation of 

liberty for a term of maximum 3 years. 

§ 2. If the offence described in § 1 is committed to the detriment of a minor the 

perpetrator shall be subject to the penalty of deprivation of liberty for a term between 

3 months and 5 years. 

§ 3. The penalty under § 2 shall be imposed on a person who subjects a minor to a 

sexual act or makes them perform such an act, abusing a relationship of trust or in 

consideration of a material or personal benefit or a promise thereof given to the 

minor.” 

The articles 200 § 1 and 2 were changed: 

: 

§ 1. Whoever submits a minor under the age of 15 to sexual intercourse or commits 

any other sexual act thereon or causes a minor under the age of 15 to submit 

themselves to or to perform such acts shall be subject to the penalty of deprivation of 

liberty for a term of between 2 and 12 years. 

§ 2. The same penalty shall be imposed on a person who, in order to satisfy their 

sexual needs, shows a a sexual act to a minor under 15 years of age.” 

In the article 202, § 3 and 4 were paraphrased: 

38

“§ 3. Whoever produces, records or imports to disseminate, keeps or holds or 

distributes or publicly presents the pornographic content in which a minor 

participates, shall be subject to the penalty of the depravation of liberty for a term 

between 6 months and 8 years. 

§ 4. Whoever records pornographic content in which a minor under 15 years of age 

participates, shall be subject to the penalty of the deprivation of liberty for a term of 

between 1 to 10 years.” 

§ 4a was added in addition to § 4: 

“§ 4a. Whoever imports, keeps or holds pornographic content in which a minor under 

15 years of age participates, shall be subject to the penalty of the deprivation of 

liberty for a term of between 3 months to 5 years.” 

On September 5, 2006, Centralny Zespół do Walki z Handlem Ludźmi, Pedofilią i 

Pornografią Dziecięcą ( Central Group against Human Traffic, Pedophilia and Child 

Pornography) in Polish Police Headquarters was established by the decision no. 488 of the 

Chief of Police. Among its objectives are coordination and supervision of activities of 

groups against pedophilia and children pornography in voivodeship police headquarters in 

the sphere of eliminating child sexual abuse (through current supervision of operational 

work carried out by provincial groups or giving assistance, especially in international 

dimension), preventive actions aiming to limit the phenomena of pedophilia and child 

pornography (participation in media campaigns, conferences and meetings aimed at 

introducing the subject matter and informing about the risk scale) or organization of 

international operations aimed at fighting child sexual abuse and child pornography. 

Analogous structures, that is provincial groups against human trafficking, pedophilia and 

child pornography were formed in police voivodeship headquarters and in Warsaw Police 

Headquarters. Among its crucial tasks are investigation of pedophilia and child 

pornography phenomena, conducting preparatory proceedings and operational matters in 

this problem with the use of current operational fund, internet investigations – 

communicators, chat rooms, forums, discussion lists; participation in international 

operations devoted to pedophilia and child pornography ( 

On October 25, 2007 the Polish government signed the Convention of the Council of Europe 

on the protection of children against sexual abuse and maltreatment for sexual purposes. 

A further change was introduced by the October 24, 2008 statute about the change of law – 

Penal Code and several other statues – The 2008 Journal of Laws, no. 214, item 1344. The 

article 202 was changed, and § 4b was added in addition to § 4a, reading as follows: 

 

 

 

Further changes of Penal Code, Code of Criminal Procedure and Executive Penal Code were 

introduced on November 5, 2009 (Journal of Laws no. 2006, item 1589, with further 

changes). The changes came into effect on June 8, 2010. The criminal sanctions against 

perpetrators of rape of a minor under 15 years of age and incestuous rape were tightened 

and the following types of illegal acts were introduced: 

 

Establishing a relationship with a minor under the age of 15 with the use of 

information system or telecommunication network in order to commit an offence 

specified in art. 197 § 3 point 2 of P.C. (rape of a minor under 15 years of age) or 

art. 200 (sexual abuse of a minor under 15 years of age) and misleading a minor, 

39

exploiting an error of judgment, or inability to properly assess situation or with the 

use of illegal threat in order to meet him/her. (art. 200a § 1 of P.C.), 

Using information system or telecommunication network to offer to a minor under 

15 years of age a sexual intercourse, submission or performance of other sexual act 

or participation in production or preservation of pornographic material with the 

intention to realize the offer (art. 200a § 2 of P.C.) 

Publicly propagating or approving behavior of pedophiliac character (art. 200b of 

P.C.). 

“ . 

§ 1.Whoever in order to commit a crime specified in art. 197 § 3 point 2 (rape of a 

minor under 15 years of age) or art. 200 (sexual abuse of a minor under 15 years of 

age) as well as for the purpose of production or preservation of pornographic 

materials, by information system or telecommunication network establishes a 

connection with a minor under 15 years of age, tending by deceit or illegal threat to 

meet him shall be subject to the penalty of deprivation of liberty up to 3 years. 

§2. Whoever by information system or telecommunications network offers to a minor 

under 15 years of age the sexual intercourse, submission or performance to other 

sexual act or participation in production or preservation pornographic material and 

tends to realize this offer, shall be subject to a fine, the penalty of restriction of liberty 

or the penalty of deprivation of liberty for up to two years. 

Article 200b: 

Whoever publicly propagates or approves behavior of pedophiliac character shall be 

subject to a fine, the penalty of restriction of liberty or the penalty of deprivation of 

liberty for up to two years.” 

A particularly important new instrument facilitating effective fight against this kind of 

offence was introduced by the simultaneously introduced amendment of the art. 19 of the 

Directive of 6 th April 1990 on Police (Journal of Laws 2007 no. 43 item 277, with further 

changes). The catalogue of acts which can be operationally controlled was extended as an 

outcome of this amendment, including such new types of offences as child grooming, 

regulated in art. 200a § 1 and 2 of P.C. 

According to current obligatory legal articles in Poland, sex offences against minors are: 

1) rape, including incestuous rape 

2) rape with particular cruelty 

3) abusing a relationship of dependence or by taking advantage of a critical situation to 

gain sexual advantage 

4) subjecting a minor to sexual intercourse or making him/her submit to another sexual act 

or to perform such an act by abusing his/her trust or by giving a material or personal 

benefit or promising to provide it ); 

5) sexual intercourse, other sexual act with a minor under the age of 15 

6) presenting to a minor performing of a sexual act 

7) child grooming 

a) establishing a relationship with a minor with the use of information system or 

telecommunication network by misleading, exploiting an error of judgment, or inability to 

properly assess situation or with the use of illegal threat in order to meet him/her; 

b) offering to a minor under 15 years of age a sexual intercourse, submission or 

performance of other sexual act or participation in production or preservation of 

pornographic material with the intention to realize the offer with the use of information 

system or telecommunications network 

8) incest 

40

9) presenting to a minor under 15 years of age pornographic material or making available 

to minors items of this nature, or distributing pornographic material in the way which 

allows him/her to become acquainted with such material 

10) production for the purpose of dissemination, preserving, importing, disseminating or 

Publicly presenting pornographic material in which minor participate 

11) preserving, importing, storing or possessing pornographic material with the 

participation of a minor 

12) producing, distributing, presenting, storing or possessing pornographic material 

presenting produced or processed image of a minor involved in a sexual act (art. 202 § 4b); 

13) pimping, soliciting against a minor 

 

 

 

Question dated 5th July 2006 number to the Minister of Justice concerning the 

introduction of statutory full ban on the production and distribution of 

pornographic materials in the Penal Code being amended. 

Question from 2006 number to the Minister of Justice concerning combating 

pedophilia. 

Question dated 24th August 2006 number to the Minister of Justice 

concerning the possibility of toughening the punishments predicted for pedophiles 

so as to eliminate the possibility of further spreading of this dangerous 

phenomenon. 

Question dated 11 th September 2008 number to the Minister of Justice 

concerning human trafficking and the protection against sexual abuse of persons 

between 15 and 18 years of age. 

 

 

 

 

 

Question dated 28th September 2008 number to the Minister of Justice 

concerning the legislative initiative planned by the government connected with 

toughening the principles of criminal liability of the perpetrators of some crimes 

against sexual freedom and the introduction of obligatory treatment of these 

perpetrators together with the issues connected with combating pathological 

phenomena of domestic violence. 

Question dated 25th November 2009 number to the Minister of the Interior 

and Administration concerning the counteracting of the distribution of children 

pornography on the Internet. 

Question dated 21st December 2009 number to the Minister of the Interior 

and Administration concerning combating sexual crimes committed to the 

detriment of children also including homosexual criminals. 

Question dated 2 nd March 2010 number to the Minister of the Interior and 

Administration concerning intensifying of the activities against the distribution of 

paedofile materials in the worldwide network TOR. 

Question dated 27th May 2010 number to the Minister of Justice concerning 

the awareness of Polish courts of the problematic of sexual abuse of children. 

Question dated 1 st February 2011 number to the Minister of Justice 

concerning punishments for the crimes against sexual freedom and decency. 

41

Supervision over the operation of the Prison Service is exercised by the Minister of Justice. 

Control over the legality and regularity of imprisonment, remand detention, arrest and 

precautionary measures involving incarceration in a closed correctional facility, as well as 

over a penalty for breach of order and coercive measures is exercised by a penitentiary 

judge. A sentence of imprisonment is served in the following types of correctional facilities: 

– juvenile correctional facilities; 

– correctional facilities for first‐time convicts; 

– correctional facilities for prison recidivists; or 

– correctional facilities for persons serving a military detention sentence. 

The above‐mentioned types of correctional facilities may be organised as: 

– closed correctional facilities; 

– semi‐open correctional facilities; or 

– open correctional facilities. 

The above‐listed correctional facilities differ, in particular, in terms of security level, 

isolation of convicts and movements inside and outside the facility. A sentence of 

imprisonment is served under the following regimes: 

– programmed treatment; 

– therapeutic regime; or 

– ordinary regime. 

In order to create adequate conditions for individual treatment, preventing unfavourable 

influence and ensuring their safety, convicts are divided into classes, following their: 

– gender; 

– age; 

– past imprisonment record; 

– intentional or unintentional character of the offence; 

– remaining prison sentence time; 

– physical and mental health, including level of dependence on alcohol, intoxicating or 

psychotropic substances; 

– degree of demoralisation and social threat; and 

– type of offence. 

Classification of prisoners plays an important role, as it is a basic mean of individualizing 

the execution of imprisonment, making it possible to accomplish expected educational 

objectives. Decisions concerning the classification of prisoners may be taken by the 

following authorities: 

– the ruling court, i.e. a court handing down a sentence of imprisonment; 

– the penitentiary court with regard to changes in the decision of the ruling court; or 

– the penitentiary committee. 

42

The basic treatment measures include: work, education, cultural and instructional 

activities and sports activities, as well as maintaining contacts with family and the outside 

world and therapeutic measures. 

The penitentiary system has to respect, promote and disseminate the following 

international regulations containing rules and norms setting out modern standards 

regarding the treatment of prisoners. These regulations include: 

Legal acts in the form of declarations, guidance and recommendations (soft law) such as: 

– the Universal Declaration on Human Rights adopted by the General Assembly of the 

United Nations on 10 December 1948; 

– the Standard Minimum Rules for the Treatment of Prisoners adopted in Geneva in 1955 

by the First United Nations Congress on the Prevention of Crime and the Treatment of 

Offenders; and 

– the European Prison Rules adopted by the Committee of Ministers of the Council of 

Europe in 1987, and revised in 2006. 

Until 2005, there were no legal regulations comprising the treatment of sex offenders in 

the cases of children abuse, which would differentiate the way of conduct towards them in 

comparison to other types of criminals. These changes have been implemented not until 

the act of 27 July 2005 about modifications of the following acts: Penal Code, Code of 

Criminal Procedure and the Executive Penal Code. First changes confirmed that the penal 

measures are also interdiction of carrying out an activity connected with fostering, 

treating, educating of minor children and with protecting them and interdiction of staying 

in specific environments or approaching specific persons or leaving specific place of stay 

without the consent of the court. (Penal Code Art.39 § 2a i 2b). 

The obligation to refrain from staying in particular environments and places, the 

interdiction of communicating with particular persons, or interdiction of leaving a specified 

whereabouts without court’s permission, adjudicated forever, may be regarded to be 

fulfilled, if the conduct of the convict after he committed an offence and when serving his 

prison sentence justifies the assumption that after obligation or interdiction is revoked, he 

shall not commit another offence against sexual latitude or decency committed against a 

minor, and obligation or interdiction has been in force for at least 10 years 

§ 1). 

§ 1a and 2b were added to : 

„§ 1a. The court may impose interdiction of occupying any or specific posts, 

of exercising any or specific professions, or of carrying out activities 

connected with fostering, treating, educating of minor children and 

protecting them, forever, while sentencing to deprivation of liberty for the 

offence against sexual latitude or decency committed against a minor. 

§ 1b. Court imposes interdiction, specified in § 1a, forever, when the 

perpetrator has been previously convicted in the circumstances specified in 

that article.” 

There was also art. 41a added reading: 

§ 1. The court may decide on interdiction of staying in 

specific environments or places, interdiction of frequenting specific 

persons, interdiction of approaching specific persons, interdiction of 

leaving a place of stay without the consent of the court, injunction to 

leave the place occupied jointly with the injured in the event of 

sentencing for a crime against sexual latitude or decency to the 

43

detriment of a juvenile or in the event of sentencing for an intentional 

crime with the use of violence, including violence against a person that 

is close to the perpetrator; a duty or interdiction can be combined with 

a duty to report to the police or to another designated body in 

determined intervals. 

§ 2. The court shall impose interdiction of staying in specific 

environments or places, interdiction of frequenting specific persons, 

interdiction of approaching specific persons, interdiction of leaving a 

place of stay without the consent of the court, injunction to leave the 

place occupied jointly with the injured in the event of a sentence of 

imprisonment or conditional suspension of the enforcement of the 

penalty for a crime against sexual latitude or a decency to the detriment 

of a juvenile; a duty or interdiction can be combined with a duty to 

report to the police or to another appointed body in determined 

intervals. 

§ 3. Court may decide on interdiction of staying in specific 

environments or places, interdiction of frequenting specific persons, 

interdiction of approaching specific persons, injunction to leave a place 

of stay without the consent of the court for ever in the event that the 

perpetrator has been repeatedly sentenced on the conditions specified 

in § 2.” 

It was also accepted that the placing under supervision is mandatory with respect to the 

perpetrator of an offence committed on the basis of sexual orientations disorders. (Penal 

Code Article 73 § 2 Penal Code). 

Added: “ . § 1. Upon the imposition of a penalty of deprivation of liberty 

without a conditional suspension of the execution of the same for an offence 

against sexual latitude due to sexual orientation disturbance, the court may 

decide, after serving the sentence by the perpetrator, to refer the perpetrator to 

a closed medical institution or to an outpatient clinic for a pharmacological 

treatment or psychotherapy with an intention of preventing repeated 

commission of such offence, including specifically the decrease of disturbed sex 

drive of the perpetrator. Pharmacological treatment shall not be applied if such 

treatment is hazardous to life or health of the sentenced person 

§ 2. Within the time limit of up to 6 months prior to the expected conditional 

suspension or penalty execution the court shall indicate: 

1) the need and way of executing the measure adjudicated by the court 

mentioned in § 1, 

2) the manner of executing the measure adjudicated by the court 

mentioned in § 1a.” 

Added: “. The penalty of deprivation of liberty without a conditional suspension 

of its execution for an offence against sexual latitude and decency, if the injured person was 

a minor under 15 years old, is not subject to expunction.” 

In the act of 6 June 1997 – the Executive Penal Code (Journal of Laws No 90, item 557, with 

further modifications) the following modifications, among others, have been introduced. 

After giving out a condemnatory sentence, the court of first instance sends to the prison 

governor the information about the convict that include data of the prior penalties and 

44

measures of resocialization that were used and information allowing to identify the 

convict, especially: 

 

 

 

 

 

 

No. of the Automated Fingerprint Identification System (AFIS); 

Polish Resident Identification Number (PESEL); 

Description of a person and its characteristic features and tattoos; 

A photograph of the convict; 

Copies of medical and psychological certificates and opinions, comprising the ones 

that affirmed addictions to alcohol, psychoactive substances and intoxicants; 

Information referring to committing a crime described in art. 197-203 of the Penal 

Code with a relation to sexual preferences disorders, and after a validation of the 

sentence - court files as well. 

There was § 3a added after § 3 in art. 89 and it reads that moving the convict with sexual 

preferences disorders to a different penitentiary, for the crime described in art 197-203 of 

the Penal Code, which was committed due to these disorders must be confirmed by the 

penal judge. 

§ 1 of was also changed. It now states that perpetrators with nonpsychotic 

psychiatric disorders, comprising the convicts sentenced for a 

crime described in art. 197-203 of the Penal Code, committed due to the 

sexual preferences disorders, demanding a specialist approach, 

especially the psychological, medical or remedial care, serve a sentence 

in a therapeutic system. The convicts sentenced for a crime described in 

art. 197-203 of the Penal Code, committed due to the sexual preferences 

disorders are, with their agreement, are covered by proper medical 

treatment and rehabilitation; in case there is no such care, it is the penal 

court that decides about this medical treatment or rehabilitation (art. 

117). 

The perpetrator that has been paroled, and who committed a crime due to the sexual 

preferences disorders must be controlled by a probation officer. Before giving out a 

statement about the parole of such a criminal, the penal court consults the experts.In the 

case of releasing the person convicted for committing the crime due to sexual preferences 

disorders, or giving out a decision about a pass or a temporal permission to leave the 

penitentiary, the penal judge or the prison governor informs the police station, nearest to 

the place of residence of the convict after its release.When the regulations mentioned 

above entered into force, there was a public debate in 2005 in Poland about the matter of 

children’s sexual abuse prevention including the pedophile prevention. Polish ombudsman 

organized a conference titled “The Problems of Prosecuting and Preventing the Crimes of 

Children’s Sexual Abuse according to art. 200 of the Penal Code, including pedophilia”. 

During the conference, the following speeches were presented: 

Prof. Andrzej Zoll – Commentary on the modifications introduced with the act of 27 

July 2005 to the Penal Code. 

45

Prof. Zbigniew Izdebski – Dangers of pedophilia in the light of research and 

conclusions drawn from it for prevention of children’s sexual abuse, including 

pedophilia. 

Prof. Marian Filar - Pedophilia and penal law – the boarders of rationality. 

Dr Monika Sajkowska from Nobody’s Children Foundation – Sexual abuse of 

children – report from the presentation of the phenomena in mass media. 

General Marek Szostek – Assistant Director of the Prison Service – methods of work 

with convicts according to art. 200 of the Penal Code in polish practice. The scale of 

needs. 

These speeches were the basis for the discussion about the need and anticipated 

effectiveness of the regulations implemented by the act of 25 July 2005, whose aim was to 

protect children from sexual abuse more effectively. During the conference, these 

modifications were criticized and some emphasis was put on the fact that it is baseless to 

believe that higher punishments in the code will solve the problem of children’s sexual 

abuse. It was also mentioned, that it is necessary to act beyond the Penal Code in order to 

educate and prepare children and youth to sexual life ( 

New regulations required also some coordination of the government’s actions (Ministers 

of: Justice, Interior and Administration, Health) in order to provide the full realization of 

the implemented solutions, among others in the range of organizing, referring to the act of 

working with the condemned on the basis of art. 197-203 of the Penal Code. 

Between 2007 and 2008, there was a debate about adjustment of polish regulations to the 

ones included in the Council of Europe Conventions and Covenants from 25 October 2007 

about (called the 

Lanzarote Convention). 

Rzecznik Praw Dziecka (the advocate for children’s rights) Marek Michalak, joined the 

debate and made suggestions of system solutions, which aim to strengthen children’s legal 

protection against sexual abuse, among others: 

 

 

 

 

 

 

Assurance for the minors above 15 year of age the right to start legal proceedings 

for a crime according to art. 197 of the Penal Code; 

The punishments for taking an advantage of the prostitution of children; 

Prohibiting completely the act of storing or owing pornography with minors; 

Making the rules for using the evidence from experts’ opinions more precise; 

Creating the register and constant monitoring of the sexual offenders; 

Creating, in the structures of Police, the special unit for fighting the sexual crimes 

( 

At the same time in 2007, the work on the amendment for the regulations on children 

sexual offenders was started. It boosted after the information about the man, who in a 

small village in the Voivodeship of Podlasia, had been raping his daughter for nearly six 

years. The opinion poll, conducted then by TNS OBOP and commissioned by the daily 

gazette “Gazeta Prawna” revealed that 69% of poles were in favour of the idea suggested 

by the government that pedophiles should be castrated chemically, 24% didn’t accept it 

and 7% had no opinion about this issue. In the first group of people, 84% stated that it 

should be an obligatory punishment for the criminals sentenced for pedophilia. 11% 

claimed that this treatment should be of free-will. 5% of the respondents had no opinion on 

that matter. The government considered also the matter of creating a Center of Judicial 

Sexology, which would decide if the sexual crime committed on a child can be qualified for 

the obligatory chemical castration ( 

46

The act of 5 November 2009 about the modification of the following acts: the Penal Code, 

the Code of Criminal Procedure, the Executive Penal Code, the Penal and Fiscal Code and 

some of the other acts was published in Journal of Laws of 2009, No. 206, item 1589. The 

act entered into force after 6 months since it was published and in June 2010, new 

regulations of the Penal Code became valid. The most significant modifications comprised 

higher punishments for pedophilia and incest. According to the modified regulations, 

sexual crimes committed on the minors below 15 year of age or on family members are 

considered to be a crime and the punishment of 3-15 years in prison can be imposed. These 

modifications allow also the obligatory treatment of such criminals (so called chemical 

castration), which is based on conducting a pharmacological treatment that is connected 

with psychotherapy, which leads to lowering the sexual drive of the convict. This is the 

court that makes a decision to send the criminal to the therapy. After having served the 

sentence, the convict is obliged to have an ambulatory therapy or put in prison. The 

substance that lowers the sexual drive is given in perpetuity, to the moment when the risk 

of coming back on a criminal route is lower. If the convict skulks, he/she comes back to the 

penitentiary. 

The term “sexual preferences disorders” was also introduced In the art. 93 of the Penal 

Code as a mention of specifying the security means in the case of committing crimes 

against sexual freedom. It is carried out by putting the criminal in the secure institution 

(not in the penitentiary) or by sending them to ambulatory treatment. It relates to all 

people who commit a crime, which is based on a sexual preferences disorder. Before the 

implementation of such means, court gets familiar with the opinions of psychiatrists, 

sexologist and a psychologist. 

. § 1. Upon the imposition of a penalty of deprivation of liberty without a 

conditional suspension of the execution of the same for an offence against sexual 

latitude due to sexual orientation disturbance, the court may decide, after serving 

the sentence by the perpetrator, to refer the perpetrator to a closed medical 

institution or to an outpatient clinic for a pharmacological treatment or 

psychotherapy with an intention of preventing repeated commission of such 

offence, including specifically the decrease of disturbed sex drive of the 

perpetrator. Pharmacological treatment shall not be applied if such treatment is 

hazardous to life or health of the sentenced person. 

§ 1a. The court shall adjudicate placing the perpetrator mentioned in § 1 that is 

sentenced for an offence described in Article 197 § 3 section 2 or 3 in a closed 

medical institution or to refer such perpetrator to an outpatient clinic. 

§ 2. Within the time limit of up to 6 months prior to the expected conditional 

suspension or penalty execution the court shall indicate: 

1) the need and way of executing the measure adjudicated by the court 

mentioned in § 1, 

2) the manner of executing the measure adjudicated by the court mentioned 

in § 1a. 

§ 2a. The court may decide about the change of the manner of executing a 

preventive measure specified in § 1 or 1a. 

§ 2b. The court shall decide to place the perpetrator in a closed medical 

institution if the perpetrator evades ambulatory treatment mentioned in § 1 or 

1a. 

§ 3. Provisions in Article 94 § 2 and 3 shall be applied accordingly.” 

There is also a mention added which states that minors who are over 15 years old and who 

committed an offence described in art. 197 § 3 or 4, that is a rape (including the con tact 

with another minor), may be judged as an adult, if the circumstances of the case, the level 

47

of perpetrator’s development, their features and personal conditions stand for it. 

Especially, when the educational or correctional means that were previously used were not 

effective. 

There were some modifications introduced in the Executive Penal Code on 8 June 2010 

which lay the foundation for grooming. The work on the project of the amendment started 

in September 2008, when the team comprising the representatives of Minister of Health, 

Minister of Justice, the Committee for European Integration and the Government 

Legislation Centre under the leadership of Slawomir Nowak – the head of Political Cabinet 

of the Prime Minister, who set the directions of statutory changes that are necessary to 

achieve the aims. Professor Zbigniew Lew Starowicz - National Sexology Officer and 

professor Marek Jarema – National Psychiatry Officer, also took part in the works on the 

project ( 

 

The pharmacological treatment of pedophiles called “chemical castration”, will start in the 

second half of 2011. According to data from National Criminal Record from the beginning 

of January 2011, 18 people were sent to a therapy by courts. 13 of them have been placed 

in penitentiaries and others are still free due to for e.g. bad health condition. Before a court 

sends a pedophile to a therapy, it must consult the Regional Centre of Judicial Psychiatry in 

Gostynin. A special observatory unit has functioned here since the first half of 2010. The 

pharmacological therapy of pedophiles will take place in eight outposts. These include 

three secure institutions – in Choroszcza, Klodzk (The Voivodeship of Lower Silesia), 

Starograd Gdanski (The Voivodeship of Pomerania) – which can together host 50 patients. 

The treatment will also take place in the ambulatories in Choroszcza, Gorzow Wielkopolski, 

Krakow, Warsaw and Warta (The Voivodeship of Łódź). According to the Ministry of 

Health, the therapy will be based on the previous experience of doctors, psychologists and 

therapists who deal with sexual preferences disorders in psychiatric posts. Postgraduate 

Medical Education Centre, which is subordinate to the Ministry of Health, will organize a 

specialist course titled “Perpetrators of sexual freedom crimes with sexual preferences 

disorders”. 

 

 

In Poland, there are schools that prepare physicians - psychologists to treat sex offenders. 

The most important is the graduate school of sexology, that is, postgraduate studies 

training in carried out at the Warsaw 

School of Social Sciences and Humanities in the framework of the Postgraduate Studies of 

Sexology. The outline of the programme: 

 

 

 

 

 

 

 

Legal issues in the forensic sexology. 

Aetiology of illegal sexual behaviours. 

The sex offenders. 

Organization of treatment of sex offenders. 

Strategy and treatment programs of sex offenders. 

Therapist in relation to the sex offenders under treatment. 

Evaluation of static and dynamic risk factors of recidivism in sex offenders. 

48

Introductory module: treatment program of preferential, surrogate and incestuous 

sex offenders. Treatment program for sex offenders in terms of cognitive and 

behavioural therapy. 

Forensic and sexological opinion. 

Examination of records. Examination of the defendant. 

Formulating conclusions and opinions. 

Clinical internship. 

 

Despite the actions taken by NGOs and public institutions, child sexual abuse is still a taboo 

subject in Poland. The problem of sexual abuse of children is growing, as can be seen in 

police statistics. According to police statistics, in the years 2007-2009, 25 thousand of 

children were victims of sexual crimes and these figures apply only to revealed crimes, 

which were investigated. In addition to the statistics, there are a huge number of cases that 

were disclosed ( 

 

Criminals have easier access to potential victims because of modern technology, especially 

the Internet, mobile services, possibilities of digital photography and video. Their 

availability makes that more and more sexual crimes against children are committed via 

Internet. According to police statistics, in the years 2007-2009, over three thousand 

children were hurt by producing, distributing, displaying and recording the pornographic 

contents (). Child pornography on the Internet, children sexual harassment and 

seduction, online prostitution of minors has become an increasingly visible and significant 

social phenomena. 

Actions taken to protect children against sexual violence are carried out in Poland mainly by 

the Children's Ombudsman. The office of established by virtue of 

Article 72, paragraph 4 of the Constitution of the Republic of Poland in 1997 has been 

existed since 2000. In accordance with the Law on Ombudsman for Children from 6 January 

2000, he/she protects the rights of children, as defined in the Constitution, the Convention 

on the Rights of the Child and other provisions of law, with respect for the responsibility, 

rights and obligations of parents. The Ombudsman works to protect children's rights, in 

particular: the right to life and health; right to upbringing in the family; right to decent social 

conditions and right to education. All activities undertaken by the Ombudsman's are aimed 

at ensuring full and harmonious development of the child, with respect for their dignity and 

subjectivity. 

The main campaign waged by the Children's Ombudsman together with the Kidprotect.pl. 

Foundation () is a cyclical campaign known under the name of "Stop 

paedophiles!" The campaign is aimed at adults and its message: "a child can not read 

between the words" emphasizes the importance of the fact that children are not aware of the 

dangers that lurk on them on the web. By nature, children are trustful and open to new 

friendships; they make virtual contacts with adults that often end up in taking advantage of 

the child and family drama. The campaign emphasizes that every adult has a legal and moral 

obligation to report child molestation case that he/she is aware of, or suspect the existence 

thereof. In the framework of the campaign operates the following website: 

http://www.stoppedofilom.pl, where you can find information about the signs of child 

sexual abuse, and pieces of advice on how to deal with the sexually abused child. The 

website also has a link to the hotline of the Kidprotect.pl Foundation where it is possible to 

report incidents of sexual abuse of children. The campaign includes also radio and television 

49

spots, print and online advertisements. There were also prepared materials for professionals 

(police officers and psychologists) that are in contact with cases of paedophilia. The 

objective of the campaign, carried our in 2010, was to draw attention to the problem of an 

online child abuse and to disseminate knowledge about the changes in the law which 

entered into force on 8 June 2010. 

Since 2002, the deals with preventing and combating sexual 

crimes against children in subsequent stages of the campaign "Stop paedophiles”. Moreover, 

the Foundation runs the oldest hotline in Poland what allows to report anonymous such 

incidents. The Foundation trains prosecutors, police officers and judges; cooperates with law 

enforcement agencies; issues opinions; works to change the law. The Foundation also works 

for children's safety on the Internet, carrying out, among others, a project: "School of Safe 

Internet" which was included in the governmental program "Together Safer". As a part of 

the Foundation Kidprotect.pl Educational Centre, there are conducted training for parents, 

teachers and other professionals, as well as meetings with children and youth. The 

foundation visits students, teachers and parents across the country as well as it is strongly 

involved in combating violence against children. 

The Ombudsman for Children altogether with the Nobody's Children Foundation also runs a 

nationwide campaign which is dedicated to the problem of child sexual abuse. 

The campaign aims at providing knowledge about the problem of sexual abuse of children, 

protection of children from abuse as well as giving a help to children who have experienced 

it. Duration: media activities May-June 2010; educational activities - from May 2010. Media: 

TV, radio, newspaper and Internet. The campaign under the slogan: “ 

” is primarily addressed to parents and professionals (teachers, 

pedagogues, psychologists), and its purpose is to educate within the scope of possibilities to 

protect the youngest and provide assistance to children which have experienced abuse. The 

organizers of the campaign also postulated to the Polish parliament to ratify the Council of 

Europe Convention on the Protection of Children against Sexual Exploitation and Sexual 

Abuse adopted by the Committee of Ministers on 12 July 2007 and signed by the Republic of 

Poland on 25 October 2007. An important element of the campaign “Bad touch” is a local 

activity carried out by institutions and organizations that have joined the campaign. 

Educational materials about problem of sexual exploitation ( brochures, leaflets, posters, e- 

learning modules) are made available to the addressees of the campaign. As a part of the 

campaign, the Nobody's Children Foundation has launched a website http://www.zlydotyk.pl 

dedicated to sexual exploitation of children. Both parents and professionals can find 

information (also in the form of e-learning) on how to diagnose the problem, how to prevent 

it and how to support the child which experienced sexual violence. 

On Polish territory, there are also a number of organizations which take on helping to 

children who experienced violence and other types of pathologies. These are usually nongovernmental 

organizations which work on the basis of its statute, but not only. The 

provision of Article 12 and 58 of the Constitution provides a basis for non-governmental 

organizations to take actions in Poland and some of them work only on the basis of this 

article. These include, among others: housing estate clubs, parish charity groups, etc. 

Other three most important organizations operating on the basis of the Law on 

Foundations of 9 April 1984: 

The latter specifically deals with 

children – victims of violence and ill-treatment. 

The oldest organization working in Poland is the Children's Friend Society. The very 

beginnings of the Society are rooted in the year 1880; however it is 1919 considered to be 

the official beginning. Currently, the organization associates about 450 thousand members. 

The Children's Friend Society is an advocate of children’s rights. The society conducts 

50

tutelary and educational activities. It also carries out charity work by organizing support 

and care for children from poor, broken, numerous families. In carrying out their statutory 

purposes, the Society cooperates with government agencies, local governments, churches, 

religious groups and media. It is not subsidized by the state budget and has no regular 

income. Their activities are financed from membership fees, fund-raising and donations. 

Another NGO is the Committee for Protection of the Rights of the Child. This is an 

organization of "people of good the objective of which is to provide a social service to 

protect the child against harm and violation of his fundamental interests." It was 

established in 1981. Their aim is to protect children because by virtue of their immaturity 

they are unaware of their rights. The Committee protects the rights of the child by taking 

broad action aimed at dissemination of knowledge about the rights of the child. Their 

objective is to protect both individual and collective rights of children, as well as to ensure 

correct application of the regulations with respect to children. There are Committees that 

work as a part of the Committee for Protection of the Rights of the Child, and these are: 

Health, Education, Culture, Country Child Commissions, among others. These committees 

often work as a consulting body for legislative proposals developed by the legislator. 

Currently, there are 40 local branches of the Committee for Protection of the Rights of the 

Child in Poland. 

The “Nobody's Children” Foundation was established in 1991. Their activity is aimed at 

children physically, mentally, sexually abused, as well as at their guardians. The objective 

of the Foundation is to develop a scheme which would integrate activities of state, local 

government and non-governmental institutions that work for children. The activities of the 

Foundation are focused on providing short term and long-term assistance to victims of 

abuse and their guardians. This is provided in the form of a psychological, pedagogic 

counselling and legal assistance to people dealing with cases of abused children. Since the 

beginning, the foundation cooperates with the French association: Physicians of the World 

(Medicins du Monde). 

Since the early 90’s, there have been established many organizations that give assistance to 

victims of violence in Poland. There have been created numerous help lines and 

consultation points. Among them, it is worth paying attention to the action of "Blue Line." 

The National Helpline for Victims of Domestic Violence "Blue line" is a facility of the 

Institute of Health Psychology of the Polish Psychological Association ( Instytutu 

Psychologii Zdrowia Polskiego Towarzystwa Psychologicznego; IPZ PTP). The Nationwide 

Phone for Victims of Domestic Violence – Blue Line ran from 3 July 1995 to the end of 2006. 

Since June 2007, the National Helpline for Victims of Domestic Violence "Blue Line" of the 

IPZ PTP leads local telephone counselling. The addresses of institutions which give 

assistance are available on http://www.porozumienie.niebieskalinia.pl/ through a search 

engine of the institution. 

 

 

In Poland, the provisions of the Penal Code entered into force on June 2010. By their virtue 

the perpetrator who committed the rape of a minor under 15 years or a close relative (e.g. 

a son or a daughter), the court will sentence to imprisonment in a closed prison, or 

treatment at an outpatient’s clinic. The sex offenders may also be subject to the 

51

pharmacological castration, but in their case it is not mandatory and it will depend solely 

on the court's decision. 

In accordance with the Regulation of the Minister of Health of 15 November 2010 on the 

list of closed institutions designed to the execution of the preventive measures ordered 

against convicted of sexual crimes, and their capacity and conditions of security (Journal of 

Laws No. 230, point 1520), the closed institutions designed to the execution of the 

preventive measure referred to in Article 95a of the Penal Code are: 

1) Samodzielny Publiczny Zespół Opieki Zdrowotnej w Kłodzku, ul. Szpitalna 1 a – 20 beds; 

2) Szpital dla Nerwowo i Psychicznie Chorych w Starogardzie Gdańskim, ul. Skaryszewska 

7 – 20 beds; 

3) Samodzielny Publiczny Psychiatryczny Zakład Opieki Zdrowotnej w Choroszczu, Pl. 

Brodowicza 1 – 10 beds. 

These penal institutions shall: 

1) provide constant supervision of the offenders remaining in the penal institution, in 

particular by the presence of medical personnel on the premises of the institution, the 

number of which should not be less than 1/4 capacity of the institution; 

2) have doors and windows fitted with devices preventing unauthorized leave of the 

perpetrators from the penal institution; 

3) be equipped with: 

a) internal monitoring system that allows to observe the entrance doors, external 

windows, general meeting rooms, isolation rooms and corridors, 

b) electronic system which signals uncontrolled opening of doors and windows; 

4) have direct access to a fenced recreational area. 

The head of the closed penal institution, in which the preventive measure is executed, as 

defined in Article 95a of the Penal Code, shall apply to the court with a petition to change 

the way of the execution of the preventive measure, if the offender fulfils the following 

conditions: 

1) obey the recommendations for pharmacological treatment; 

2) participate in psychotherapy; 

3) shall not show behaviours that threaten life and health of others and shall not destroy 

the objects of considerable value. 

In the case that the perpetrator or another authorized person apply to the court for 

changing the way of the execution of the preventive measure, the penal institution in which 

the offender stays shall send to the court all documentation together with the opinion of 

the head of the penal institution. The closed penal institution should adjust the conditions 

of the execution of the preventive measures imposed on the convicted of sexual crimes to 

the provisions of the Regulation by 31 December 2010. 

The following centres should carry out outpatient treatment and psychotherapy: 

1. Gorzów Wielkopolski. 

2. Choroszcz. 

3. Kraków. 

4. Warta. 

5. Warszawa. 

52

The cost of treatment of sex offenders will be covered by the National Health Fund 

(Narodowy Fundusz Zdrowia). The first patients may be sent to the closed centres or 

outpatients’ centres in 2011. In accordance with Article 201 § 2a of the Criminal Executive 

Code, before deciding on an application of preventive measure in the form of treatment in 

one of the designated centres, the court is obliged to ask for an opinion the bodies 

subordinate to the Minister of Health in matters of forensic sexology (this function is 

performed by the in Gostynin-Zalesie 

(Regionalny Ośrodek Psychiatrii Sądowej). The opinion and the court decision must be 

issued six months before the anticipated conditional release of the offender or execution of 

the sentence. 

The entry in the registry of sexual offenders is an automatic consequence of conviction for 

sexual offenses. The time during which such data is kept in the register depends on the 

sentence and may be equivalent to 5, 7 or 10 years or for an indefinite period of time. 

 

 

Source: 

 

 

 

 

2010 84 

2009 71 

2008 69 

2007 78 

2006 69 

2005 64 

2004 46 

2003 64 

2002 62 

2001 52 

2000 56 

1999 42 

 

 

 

 

2010 1793 

2009 1906 

53

2008 1944 

2007 2029 

2006 1993 

2005 1884 

2004 1884 

2003 1744 

2002 1333 

2001 1196 

2000 1223 

1999 1148 

 

 

 

 

2010 34 

 

 

 

 

 

 

 

2010 2 

 

 

 

 

2010 46 

2009 51 

2008 60 

2007 51 

2006 44 

2005 51 

2004 58 

2003 52 

2002 36 

54

2001 34 

2000 38 

1999 43 

 

 

 

 

2010 697 

2009 909 

2008 722 

2007 589 

2006 420 

2005 318 

2004 148 

2003 80 

2002 86 

2001 48 

2000 36 

1999 33 

There are no many statistics concerning sexual offences in Poland. Detailed research on 

this problem was not conducted in the past and even today it is not common. It is caused by 

the fact that it is still a so-called taboo subject and the signs are that it will remain one for a 

long time. Therefore raising this subject is risky as one never knows the scale of the 

problem and persons affected by sexual offences are very easy to hurt. 

The statistics presented here are available thanks to Polish Police Headquarters. They 

include data from the years 1999-2010 and they show the number of crimes defined in 

particular articles of the penal code in different years. The data shows only crimes 

reported by the victims and detected by the police. For obvious reasons police statistics do 

not include information on all sexual offences. 

The quoted figures do not show any trends (table 1 , table 5). In the case of figures 

presented in table 2 there are noticeable changes, however they do not indicate any trend. 

They are merely deviations, in one or the other way, from a constant number, particularly 

in the last six years. 

Showing the number of detected crimes related to pornography, table 6 is substantially 

different from previous tables. There is a clear increasing upward trend in detected crimes. 

There are two possible explanations for it: either the number of such crimes has been 

drastically increasing or it is the effectiveness of the police and the detection of crimes that 

have been improved. 

55

“ 

 

 

 

 

 

 

Statistical profile of the pedophile: 

underage – about 20%, aged 17-29 – about 30%, aged 30-49 – 

over 35%, over 50 years of age: less than 15%, 

: about 65% of the sex offenders have only elementary education, 

: over 50% of the victims are between 11 and 15 years of age, about 

35% are between 6 and 10 years of age, 

: about 5% have criminal record for similar crimes, about 80% are 

persons with clean record, about 15% have criminal record for other crimes, 

: about 33% are neither students nor employed, about 33% stay 

employed, about 25% are students, 

: about 85% of the sex offenders had been 

acquainted with the victim, 

: about 25-30% of the sex offenders are intoxicated, 

: the vast majority of rapes take place in big cities, over 

50 000 dwellers – about 60%, 

: over 90%. 

 

“Victimization of children and youth. The experience 

of young Poles. The research report” ( 

 

• Measuring the scale of the experience of violence and sexual abuse of children and 

youth in Poland. 

 

• The research was carried out by means of the method CAWI (Computer Assisted Web 

Interviewing). 

• The research was conducted by the agency Gemius Polska for Fundacja Dzieci Niczyje 

(Nobody's Children Foundation) in September 2009. 

 

• Representative, random sample of netizens aged 15-18. 

• The sample size N = 1000. 

56

The proposals of sexual character or commenting the appearance in a vulgar way during 

the year preceding the research were experienced by 19% of the respondents, by 10% of 

them many times. Girls experienced verbal sexual harassment significantly more often. The 

authors of hurting remarks were most of the time acquaintances and family members. 

. During the year preceding the research 8% of the respondents were, against their will, 

touched in the intimate parts of the body. To sexual touch they were most often forced by 

the people the knew ( 66%), it occured though that the people were strangers (8%) or 

family members (6%). 

. 5% of the respondents were forced to watch somebody’s intimate parts of the body. In 

case of exhibitionistic behaviours more often than in other diagnosed situations the 

perpetrators were strangers (30%), older than respondents (50%). 

5% of the respondents in the last year were forced to have sex that means to sexual 

intercourse in any form. Also 5% were the witnesses of the rape of another person, 

significantly more often these respondents were boys. The perpetrators of forced sexual 

intercourse were most often familiar (57%) and peers (38%). 

. 7% of the respondents in the last year made acquaintance via the Internet, as a result of 

which they were attempted to be sexually abused. 

. 8% of the respondents are the victims of childhood bad touch, under 15 years of age. 

These were significantly more often the experiences of girls (10%) than boys. The 

perpetrators of these were mainly known persons (35%) and family members (27%). 12% 

of the respondents experienced bad touch in their childhood from strangers. Every third 

respondent in such a situation experienced touching the intimate parts of the body for 

sexual reasons under 7 years of age. 

4% of the respondents declared that they had had sexual intercourse with an adult 

before turning 15. Most often with the persons they knew (50% of all who had such an 

experience), also with family members (13%). The sexual intercourse occurred mainly 

when the respondents were aged 13-15 (52%), but as many as 23% declared that even at 

an earlier age. 

The significant part of the respondents pessimistically evaluate the chance of receiving 

help in cases of victimization and other difficult life situation. Almost half of the 

respondents (48%) think they would not get any help if they fell victim to cyber bullying by 

their peers. Every third of them (36%) claims that in a situation of peer violence in the 

school they would not get any help. 42% of young people do not hope anybody would help 

them if they suffered from domestic violence, and 34% believes nobody would provide 

help if their teacher used violence towards them. 44% of young people feel that they would 

stay alone in a situation of emotional problems – helplessness, solitude. Over one third of 

the respondents think they would not receive any help in a situation of forcing them to 

sexual contacts by an adult they know. 

 

 

 

Tab. 7. 

 

 

 

 

 

 

 

57

Rape 

/art.197 §1-2 p.c./ 

Rape with special 

atrocity 

/art.197 § 3 p.c./ 

Sexual harassment 

connected with 

overusing of 

dependency 

/art.199/ 

Sexual intercourse 

with persons under 15 

years of age 

/art.200 §1 p.c./ 

Pornography including 

persons under 15 

years of age 

/art.200 §2 p.c./ 

Production and 

distribution of 

pornography including 

persons under 15 

years of age 

/art.202§2-3 p.c./ 

1646 364 1523 346 

158 27 112 17 

80 31 203 169 

4064 4052 8151 8151 

658 657 81 31 

685 657 242 242 

The report is also available at: 

 

 

 

The statistical data concerning the crimes against sexual freedom and decency indicate a 

rising tendency. In 2006 the total of 4902 crimes were stated in the described category, in 

2007 there were 5031 of them. The number of the harmed underage persons rose from 

5.273 to 10.036. The alarming fact is also the increased number of sexual intercourses with 

underage persons – from 1.687 in 2006 to 2.029 in 2007. 

As it can be drawn from the table, there is a falling tendency of the crimes connected with 

incest and rapes with special atrocity. This phenomenon has not been fully described by 

the statistical data. What counts most in these situations is the right approach of pre-school 

and school teachers who contact the children on a daily basis along with all the other 

people from the children’s closes environment (that is family or neighbours). The victims 

of these crimes are most often girls aged 2-18 and boys aged 5-14. 

The victims also occurred to be disabled persons of both genders. 

What can be observed in the juxtaposition in 2007 is the number of the stated crimes on 

the increase by 24%. As in the previous years, the biggest number of the crimes were 

stated in connection with article 200 of the Penal Code (art.200 p.c.). 

In 2007 less cases of stalking, pandering, pimping including underage persons were 

reported. Analyzing the crimes in this category it needs to be explained that in 2007 

among the suspects there were 23 women. The majority of suspects are men aged 30 – 49 

and young boys up to 16 years of age. 

58

In this reported period the harmed underage persons constituted 42,9% of the total of the 

harmed in the category of the crimes against sexual freedom and decency. 

The hidden nature of this phenomena is the major obstacle to its correct detection and 

measurement of the scale and character of sexual harassment. The statistical data that the 

Police is at disposal show the number of submitted, stated and started cases, however this 

does not give the complete picture of the occurrence of this category of crime. 

The perpetrator of the sexual abuse of an underage person very often comes from his/her 

family or the closes environment, which leads to a very complicated situation, as the 

obligation to file the crime lies on the adult (a parent or other legal guardian) who is often 

emotionally or materially related to the perpetrator. 

The majority of sexual abuse acts against underage persons are committed by men. The 

crimes are also committed by women, but to a much lesser extent. In 80% of all the cases of 

the sexual abuse the perpetrators are people from the closest environment of the child. The 

child is an ‘ideal’ victim of the sexual criminal because of at least a few reasons: it is lacking 

the knowledge that he/she is the person who might be sexually abused, has sexual urge, in 

a natural way is curious of everything novel, requires care, affection, attention. 

 

 

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60

PASTWA-WOJCIECHOWSKA Beata: 

 

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POSPISZYL Kazimierz: 

. - Warszawa: APS: Wydawnictwo Naukowe PWN, 

2009. - S. 51-81: Pedofilia i kazirodztwo; S. 82-101: Dziecko jako sprawca przemocy 

seksualnej. 

RADOCHOŃSKI Mieczysław: 

// W: Wsparcie społeczne w rehabilitacji i resocjalizacji / red. Zofia 

Palak, Zdzisław Bartkowicz. - Lublin: Wydawnictwo Uniwersytetu Marii Curie- 

Skłodowskiej, 2004. - S. 245-252 

RADOCHOŃSKI Mieczysław: // W: Pomoc, 

opieka, wsparcie dziecka i rodziny / red. Urszula Gruca-Miąsik. - Rzeszów: 

Wydawnictwo Uniwersytetu Rzeszowskiego, 2006. - S. 13-26 

RODE Danuta, RODE Magdalena: 

// W: Przemoc : konteksty społeczno - kulturowe. T. 1, 

Społeczne i psychologiczne aspekty zjawiska / red. Beata Szluz. - Rzeszów: 

Wydawnictwo Uniwersytetu Rzeszowskiego, 2007. - S. 243-255 

SAJKOWSKA Monika: // W: 

Dziecko we współczesnej kulturze medialnej / red. Beata Łaciak. - Warszawa: Instytut 

Spraw Publicznych, 2003. - S. 96-120 

SALTER Anna: 

. - Poznań: Wydawnictwo "Media 

Rodzina", 2005 

SAWA Mariusz: // W: 

Osobowość przestępcy a proces resocjalizacji. - Lublin, 2005, s. 243-255, sygn. 47451 

SZABELSKA Grażyna: // W: Pedagogika 

rodziny na progu XXI wieku : rozwój, przedmiot, obszary refleksji i badań / red. 

Andrzej Janke. - Toruń: Wydawnictwa Edukacyjne "Akapit", 2004. - S. 228-238 

SZCZĘSNY Wiesław Wojciech: 

. - Warszawa : Wydawnictwo Akademickie "Żak", 2003. - S. 163-166: 

Charakterystyka wybranych zachowań patologicznych. Pedofilia - krzywda 

wyrządzona dziecku. 

WYŻYŃSKA Janina: 

. - Poznań : Wydawnictwo "Media Rodzina", 2007 

 

BEIER Klaus M. [i in.]: 

 

// Dziecko Krzywdzone. - 2007, nr 1, s. 140-150 

BEISERT Maria: 

// Dziecko Krzywdzone. - 2004, nr 7, s. 56-67. Dotyczy kobiet 

wykorzystujących seksualnie dzieci. 

61

BROWNE Kevin D.: 

// Dziecko Krzywdzone. - 2007, nr 4, s. 13-29. Skala problemu 

wykorzystywania seksualnego dzieci. Relacja między dzieckiem a sprawcą. 

Długotrwałe skutki wykorzystywania seksualnego. Wiarygodność ujawnień 

wykorzystywania. Wiarygodność dziecka świadka. 

BROWNE Kevin: // Dziecko 

Krzywdzone. - 2008, nr 2, s. 48-74. Dotyczy przemocy seksualnej wobec kobiet i 

dzieci w rodzinach. 

BRZOZOWSKA Agata: 

 

// Dziecko 

Krzywdzone. - 2006, nr 14, s. 119-125 

CARR John: // Dziecko 


CELEJ Julia: 


CHOŁUJ Karolina: 


CHOŁUJ Karolina: // Dziecko Krzywdzone. - 

2004, nr 8, s. 56-61 

CZUB Magdalena: 

// Dziecko Krzywdzone. - 2009, nr 2, s. 92-110. 

Wpływ doświadczeń urazowych na rozwój i funkcjonowanie psychiczne dziecka. 

Analiza problemu konsekwencji krzywdzenia na podstawie doświadczeń 

wykorzystania seksualnego w dzieciństwie. 

CZYŻ Elżbieta, KELLER-HAMELA Maria, SZYMAŃCZAK Jolanta: 

 


DANILEWICZ Jerzy: / // Polityka. - 2008, nr 39, s. 32-[33], 35 

Rozważania dotyczące potrzeby terapii pedofilów i kazirodców. 

DĄBROWSKA Joanna M.: // Wychowanie na Co Dzień. - 2008, nr 3, 

s. 25-29. Dotyczy m.in. przemocy seksualnej w stosunku do dzieci. 

DENST-SADURA Aleksandra: // Głos Nauczycielski. - 2009, nr 43, 

s. 12. Warsztaty przeznaczone dla uczniów pierwszych klas szkoły podstawowej na 

temat przemocy fizycznej wobec dziecka i "złego dotyku". 

DONCKER de Dirk [i in.]: 

// Dziecko Krzywdzone. - 2007, nr 

1, s. 41-58 

EM: // Głos Nauczycielski. - 2009, nr 45, s. 13 

Międzynarodowa konferencja w dniach 28-29 października 2009 roku w Warszawie 

pod patronatem Rady Europy dotyczyła ochrony dzieci przed seksualnym 

wykorzystywaniem. 

FENIK Katarzyna: 

// Dziecko Krzywdzone. - 2006, 

nr 16, s. 84-90 

FINKELHOR David: // Dziecko 

Krzywdzone. - 2009, nr 4, s. 7-36. Przykłady zorganizowanych działań na rzecz 

prewencji, zarówno w ramach strategii postępowania ze sprawcami przestępstw 

seksualnych, jak i w ramach programów edukacyjnych. 

62

HAMELA Maciej: // Dziecko Krzywdzone. - 2003, 

nr 2, s. 44-53 

HEGER Astrid [i in.]: 


HERSHKOWITZ Irit, LANES Omer, LAMB Michael: 

 

// Dziecko Krzywdzone. - 2009, nr 4, s. 56-72. Na podstawie badań, 

których celem była ocena sposobu ujawniania przez dzieci wykorzystywania 

seksualnego w przypadkach, gdy domniemany sprawca nie jest członkiem rodziny. 

// Dziecko Krzywdzone. - 2007, nr 1, s. 200-201. Wykaz stron internetowych 

poświęconych szeroko rozumianej problematyce wykorzystywania seksualnego 

dzieci. 

IVENS Carla: 


Symptomy i konsekwencje wykorzystywania seksualnego doświadczonego przez 

dzieci niepełnosprawne. Proces diagnozowania dziecka niepełnosprawnego 

wykorzystywanego seksualnie. Wskazówki dotyczące zasad postępowania w 

środowisku instytucjonalnym. 

IZDEBSKA Agnieszka: // Dziecko 

Krzywdzone. - 2009, nr 4, s. 37-55. Wielkość i charakter wpływu wykorzystywania 

seksualnego na życie doświadczających go osób. Możliwe konsekwencje 

wykorzystania seksualnego pojawiające się u dzieci. Uwarunkowania powstawania 

określonych konsekwencji wykorzystywania seksualnego dziecka. 

JAŚKIEWICZ-OBYDZIŃSKA Teresa, WACH Ewa: 


KACZMAREK Mirosław : // Remedium. -2006 , nr 7/8, s. 

34-35. Dotyczy pedofilii. 

KAŁKA Izabela: // 

Niebieska Linia. - 2007, nr 2, s. 22-25. Analiza przypadku dziecka wykorzystywanego 

seksualnie oraz sytuacji po ujawnieniu tego sekretu. 

KIJAK Remigiusz: // Praca Socjalna. - 2008, [nr] 2, s. 

[4]-56. Pojęcie pedofilii w przepisach prawa karnego. Sposoby wykorzystywania 

seksualnego dzieci, objawy. Programy oddziaływań resocjalizacyjnych na 

przestępców seksualnych wykorzystujących dzieci. 

KLUGER Michał: // Niebieska Linia. - 

2002, nr 1, s. 22- 23 

KOBYŁECKA Magdalena: 

// Dziecko Krzywdzone. - 2009, nr 4, s. 87-95. Wpływ 

różnych pozytywnych relacji dziecka (np. z dorosłymi) na jego funkcjonowanie po 

doznanej traumie wykorzystania. 

KOGAN Steven: 

// Dziecko 


 


4, s. 122-142 Treść Konwencji. 

 

oprac. Gabriela Roszkowska // Dziecko Krzywdzone. - 2007, nr 1, s. 

188-191 

63

KRUSZKO Krzysztof : // Życie Szkoły. - 

2005, nr 6, s.38[358]-44[364]. Czym jest seksualne molestowanie dziecka. Jak 

dostrzec, że dziecko jest molestowane. Jak zapobiegać molestowaniu dziecka. 

KRZEMIŃSKI Adam: 

// Polityka. - 2009, nr 42, s. 30-[33]. Dzieje 

pedofilii - od starożytności do współczesności. 

KRZYŻAK Tomasz, RUSAK Paweł: // Wprost. - 2005, nr 16, s. 74-76 

Pedofilia w Internecie. 

KUŚMIERSKA Jadwiga: // Świat Problemów. - 2005, nr 3, s. 7-9 

Pomoc dzieciom - ofiarom przemocy seksualnej. 

LECHOWSKA Anna: // 

Dziecko Krzywdzone. - 2008, nr 1, s. 120-128 

LEWANDOWSKA Karolina: 

// Dziecko 

Krzywdzone. - 2007, nr 1, s. 6-19. Rozwiązania stosowane wobec osób skazanych za 

pedofilię w wybranych krajach UE i USA. 

LEWANDOWSKA Karolina: 


ŁAKOMSKI Marian: // Wychowawca. - 2008, nr 

4, s. 8-9. Następstwa nadużycia seksualnego w dzieciństwie. 

MALEC Aleksandra: // Dziecko Krzywdzone. - 

2006, nr 14, s. 61-71 

MORAWSKA Agnieszka: 

// Dziecko Krzywdzone. - 2004, nr 7, s. 

7-20 

MORAWSKA Agnieszka: 

// Dziecko Krzywdzone. - 2003, nr 2, s. 5- 

18 

MURAM David: // 


MYERS John E. B.: 

// Dziecko Krzywdzone. - 2008, nr 4, s. 35- 

64. Dowody o charakterze psychologicznym wykorzystywania seksualnego dzieci w 

sądzie. Analiza problemu fałszywych/nieuzasadnionych oskarżeń o wykorzystywanie 

seksualne dzieci. 

PADŁO Katarzyna: // Wychowawca. - 2008, nr 4, s. 5-8. 

Dziecko ofiarą przemocy i wykorzystania seksualnego. Działania na rzecz małoletnich 

- pomoc psychopedagogiczna w sytuacjach wymagających interwencji. 

PALMER Tink: // Dziecko 

Krzywdzone. - 2005, nr 13, s. 28-44. 

PALMER Tink: 

// Dziecko Krzywdzone. - 2007, nr 1, s. 151-160. Artykuł dotyczy przebiegu 

kampanii społecznej Stop it Now! Dotyczącej wykorzystywania seksualnego dzieci, 

prowadzonej w Wielkiej Brytanii i w Irlandii. 

PALMER Tink: 


PIEŃKOWSKA Elżbieta: 

// Dziecko Krzywdzone. - 

2008, nr 1, s. 37-49 

64

Analiza środowiskowych uwarunkowań rozwoju seksualnego dzieci i młodzieży 

niepełnosprawnej intelektualnie. Obszary ryzyka wiktymizacji seksualnej. 

PIETKIEWICZ Barbara: / // Polityka. - 2005, nr 21, s. 108-109. Dotyczy 

pedofilów. 

PIETKIEWICZ Barbara: // Polityka. - 2009, nr 43, s. 86-88. Pedofilia - 

trauma po latach. 

PIETKIEWICZ Barbara: // Polityka. - 2008, nr 19, s. 112, 114. 

Anatomia wykorzystywania seksualnego dzieci przez ojców. 

PIOTROWSKA Zofia : / // Cogito. - 2006, nr 10, s. 48-49. Molestowanie seksualne 

dziecka. 

PODLEWSKA Justyna, KUDANOWSKA Olga: 


2008, nr 3, s. 100-117. Regulacje międzynarodowe i polskie w zakresie ochrony dzieci 

przed wykorzystywaniem seksualnym. Regulacje branżowe (nauczycieli, 

psychologów, lekarzy itp. ) dotyczące ochrony dzieci przed przemocą i 

wykorzystywaniem. 

POSPISZYL Irena: // Dziecko 


POSPISZYL Irena: // 

Małżeństwo i Rodzina. - 2005, nr 1/2, s. [77]-81 

POSPISZYL Kazimierz: // 

Szkoła Specjalna. - 2001, nr 5, s. 272- 279 

POSPISZYL Kazimierz: // W: Przegląd 

Więziennictwa Polskiego. nr 43, 2004. s. 5-23 

POSPISZYL Kazimierz: / // Małżeństwo 

i Rodzina. - 2005, nr 1/2, s. [48]-51 

PRUSAK Jacek: // Charaktery. - 2008 nr 5 s. 96-97. 

Dotyczy pedofilów. 

QUAYLE Ethel: 


SAJKOWSKA Monika: // 

Dziecko Krzywdzone. - 2006, nr 17, s. 95-121. Prezentacja wyników badań, których 

celem było poznanie doświadczeń dzieci wychowujących się w domach dziecka w 

zakresie różnych form przemocy i wykorzystywania seksualnego. 

SOBCZYŃSKA Karolina: / // Problemy Opiekuńczo-Wychowawcze. - 2009, nr 2, s. 

21-27. Różne przypadki pedofilii i jej wpływ na osobowość dzieci. 

STACHOWIAK Jakub: //Polityka. - 2007, nr 50, s. 92-93 

Dotyczy zapobiegania i zwalczania pedofilii. 

STARZOMSKA Małgorzata: 


14, s. 49-60. 

STASIŃSKA Marta: // 

Dziecko Krzywdzone. - 2004, nr 7, s. 108-121. Dotyczy wykorzystywania seksualnego 

niepełnoletniej córki przez ojca lub mężczyznę pełniącego rolę ojca oraz roli matki w 

utrzymywaniu związku kazirodczego. 

STELMACH Monika: / // Polityka. - 2009, nr 4, s. 22-23 

Cyberprzemoc - zjawisko pornografii i pedofilii w Internecie. 

STRZELECKA Joanna: 


1, s. 87-104. Na podstawie badań, których celem było określenie jakie elementy 

65

zaburzonego procesu socjalizacji wywierają wpływ na pojawienie się przemocy 

seksualnej wobec dzieci. 

SZWIEC Paweł: . - 2007, nr 2, s. 19-22. Artykuł 

omawia zjawisko wykorzystywania seksualnego dzieci dla celów komercyjnych. 

SZYMAŃCZAK Jolanta: 


ŚPIEWAK Jakub: // Niebieska Linia. - 2006, nr 1, s. 30-31. 

Internetowe zagrożenia - pedofilia i pornografia 

WALAT Tomasz: / // Polityka. - 2009, nr 41, s. 100-101. Leczenie 

pedofilii w Szwecji. 

WARYLEWSKI Jarosław: // Przegląd 

Więziennictwa Polskiego. - 2007, nr 54, s. 27- 53 

WOJTASIK Łukasz: // Dziecko Krzywdzone. - 

2003, nr 2, s. 54-71 

WOJTASIK Łukasz: // 


WOJTASIK Łukasz: // 

Dziecko Krzywdzone. - 2005, nr 13, s. 6-10. Działania podejmowane w Polsce, 

zwalczające problem wykorzystywania seksualnego dzieci w Internecie. 

WRZESIEŃ Agnieszka: 

// Dziecko Krzywdzone. - 2007, nr 1, s. 161-172. Prezentacja poszczególnych 

Kampanii społecznych: Zły dotyk, Stop it Now!, International Federation Terre des 

Hommes, Darkness to Light, Barnerdo's. 

/ 

oprac. Monika Sajkowska // Dziecko Krzywdzone. - 2003, nr 2, s. 84-90 

 


2005, nr 11, s. 134-161. Przebieg badań diagnostycznych. Do artykułu dołączono 

przykładowe materiały dla pacjenta (dziecka/rodzica): Kartę informacyjną, 

formularze. 

ZIELONA-JENEK Monika: 


Propozycja pracy z opiekunami dziecka, które z powodu wykorzystania seksualnego 

bierze udział w terapii. 

ZIÓŁKOWSKA Katarzyna: // Edukacja i Dialog. - 2005, nr 

10, s. 60-63 

ZMARZLIK Jolanta: // Dziecko 

Krzywdzone. - 2005, nr 13, s. 70-75. Próba opisu typowych technik uwodzenia dzieci 

online. Charakterystyka dzieci wysokiego ryzyka podatnych na oddziaływania 

pedofilów poszukujących swych ofiar w Internecie. 

66

Genoveva Tisheva- Director of Research 

Ivan Gekov- Researcher 

Tania Ivanova- Researcher 

 

 

The penal protection of children against sexual violence is a priority element of the penal 

policy of the country and is part, more broadly speaking, of the policy for protection of 

children, which comprises civil, administrative and criminal measures, aimed at ensuring 

the best interest of the child and the child wellbeing. As a whole, the development of the 

civil and penal legislation in the field of child protection in the last about ten years was the 

result of several concurring factors. Among them is the international pressure through the 

Concluding observations of the Committee on the Rights of the Child to the government of 

Bulgaria and also thanks to the need to comply with respective instruments at UN level, and 

at the level of the Council of Europe. The accession process constituted a challenge for 

legislative changes as well, by bringing closer the example and the practice for protection of 

children in the EU countries. More specifically, the protection of children against sexual 

crimes is connected also to the general trend and policy during the transition to fight and 

punish more severely the perpetrators who are part of criminal networks and is 

conditioned by the ever new and more severe violent crimes and crimes against sexual 

integrity of children. The pressure of civil society organizations and the exposure in the 

media of cases of violence against children are another factor that preconditioned the more 

dynamic changes of legislation in this field. 

The sex crimes against children as all the other crimes and the criminal responsibility are 

codified in Bulgaria in the , which is a rather old piece of 

legislation and was amended more than 50 times since, including several times in 2009 and 

2010 and fragmented changes are still expected in 2011. The penal procedure is codified in 

the / from 2005, last amended in February, 2011. The penal 

protection is supported and reinforced through the civil legislation in force, focused on or 

related to child protection: the Child Protection Act, adopted in 2000/ Prom. SG. 48/13 June, 

2000, last amended in December, 2010/, the Family Code / Prom. SG. 47/23 Jun 2009, 

amend. SG. 74/15 Sep 2009, in force since 01.10.2009, amend. SG. 82/16 Oct 2009; , the 

Law for Combating Trafficking in Persons/ Prom. SG 46/ 20 May, 2003, last amended in 

September, 2009/;; Law on Protection against Domestic Violence / Prom. SG 27/ 29 March, 

2009, amended in December, 2009/; the Social Assistance Act / Prom. SG 56/19 May, 1998, 

last amended in January, 2010/; the Law on Protection against Discrimination / Prom. SG 

86/ 30 September, 2003, in force since 1st of January, 2004, last amended in December, 

2009/. 

The main regulatory acts on child protection that can apply in cases of sexual violence 

against children are as follows: the Regulation for the implementation of the CPA / Prom . 

SG 66/ 25 June, 2003, last amended in July, 2009; the Regulation for application of the 

Social Assistance Act / Prom. SG 133/ 11 November, 1998, last amended in July, 2010/; the 

Ordinance for granting police protection to children / Prom. SG 30/28 March, 2001, last 

amended in August, 2008/, the Ordinance for the terms and conditions for taking measures 

67

for avoiding the abandonment of children and for their placing in institutions as well as for 

their reintegration / Prom. SG 74/ 22 August, 2003/. 

a/ The Penal Code 

The penal legal protection of children against sexual abuse has been evolving in the last 

few years, including in the last five years, mainly in the direction of introducing new crimes 

and increasing protection of children, as well as providing for higher punishments for these 

crimes. 

Crimes are: 

 

 

 

 

Molestation: who commits an act in order to arouse or satisfy a sexual desire 

without a copulation regarding a person who has not accomplished 14 years – 

punishable with imprisonment from one to six years. 13 

Illegal copulation with a person who has not accomplished 14 years (statutory rape) 

– punishable with imprisonment of two to six years. 14 

Rape 15 - Copulation with a female person: unable to defend herself and without her 

consent; by compelling her to it by force or threat; by bringing her to a helpless state 

- punishable with imprisonment of two to eight years. It is to be noted that in 

Bulgarian law rape can be committed only against a female person. The rape of a girl 

under 14 years is a particularly aggravated crime and shall be punished with 

imprisonment of ten to twenty years. 

Incest- Copulation between ascendants and descendants, between brothers and 

sisters and between adopter and adopted shall be punished by imprisonment of up 

to three years. 16 

Currently, the crimes against sexual integrity are regulated within an obsolete and 

conservative framework- the respective section of the Penal Code where these crimes are 

regulated is called “Debauchery”. It reveals the obsolete, deeply stereotyped and 

patriarchal approach to sexual violence, as honour- based, shaming for society, for the 

family, for the community. The legislator’s approach only perpetrates the stereotyping and 

shaming of the victims of sexual violence, mainly women and children. This is one of the 

reasons why also the victims of such crimes feel uncomfortable reporting and seeking 

protection and accessing justice. Hopefully, it will change in the near future- the very 

tentative draft of the new Penal Code, in the process of elaboration within the Ministry of 

Justice, provides for a”new title of this section ”Crimes against sexual integrity”. 

In all the cases of molestation and copulation with minors, including statutory rape, 

besides general rape, and in case of severe sexual harassment, the perpetrator shall not be 

punished or the ruled punishment shall not be fulfilled if until the enforcement of the 

verdict a marriage between the man and the woman follows 17 This “solution” in cases of 

severe violence is a confirmation of the patriarchal ideology of the law, it goes against the 

right to free consent of the woman and serves the prejudices of society- shame, 

debauchery will be dissimulated. It also serves the perpetrator’s interests, who will be left 

unpunished and will be even rewarded. 

The punishments for the crimes in this first group can be assessed as not severe enough, 

the lower limits provided, and which are often applied by the court, tend to turn some of 

13 Penal Code, Article 149 





68

the crimes as milder, which is never the case. Some of the crimes, like incest itself, are even 

not recognized as severe crimes and the punishment is rather lenient. 

It is worth mentioning that a serious crime, according to the PC”…. 

 

 

Until 2006, the main of molestation was not a serious crime within the 

meaning of the PC. Fortunately, the amendments in 2006 increased the punishment to up 

to six years of imprisonment and turned it into a serious crime. 

Another group of crimes from the same section and are: 

Persuasion of another person to prostitution or to molestation, or to copulation 18 - 

imprisonment of up to three years and a fine of one thousand to three thousand levs. The 

punishment for these acts, committed from mercenary motives shall be imprisonment of 

one to six years and a fine of five thousand levs to fifteen thousand levs. 

Provision systematically of premises to different persons for sexual intercourse or for 

molestation 19 - imprisonment of up to five years and by a fine of one thousand levs to five 

thousand levs. In case the crime is committed from mercenary motives the punishment shall 

be imprisonment of one to six years and a fine of five thousand levs to fifteen thousand levs. 

Persuading or compelling another person to using narcotic substances or their analogues 

for the purpose of prostituting, copulation, molestation or carrying out sexual intercourse or 

act of sexual satisfaction with a person of the same sex 20 - imprisonment of five to fifteen 

years and by a fine of ten thousand to fifty thousand levs. If the acts have been committed 

by a person acting in implementation of the order of somebody or in fulfillment of a decision 

of an organized criminal group, against a minor, against two or more persons, repeatedly - 

imprisonment of ten to twenty years and fine of one hundred thousand to three hundred 

thousand levs. 

It is to reiterate that if the above mentioned crimes are committed against a person less than 

18 years of age, they are considered as aggravated crimes and in the most severe cases it 

entails imprisonment of ten to twenty years and fine of one hundred thousand to three 

hundred thousand levs. The severity of the punishments was increased through the 

amendments of the PC from 2006- 2007. 

The following are also very relevant to the penal protection of children: 

Provision in the Internet or in any other way of information about a person less than 18 

years of age, in order a contact with this person to be established for performing 

molestation, copulation, sexual intercourse, prostitution, or pornographic materials, 21 or 

establishing contact with a person less than 14 years of age by using information provided 

in the Internet or in any other way in order to perform the same acts – punishable with 

imprisonment of up to five years and a fine of five thousand to ten thousand levs. This is a 

new provision, introduced in 2007 in response to the increased risk from such crimes. 

Persuasion of a minor up to 14 years old to watch real, virtual or simulated sexual 

intercourses or the exhibition of sexual organs 22 - punishable with imprisonment up to 3 

years. This is a new provision from 2009. 

Abduction of another person for the purpose of debauchery 23 - imprisonment of three to ten 

years and by a fine of up to one thousand levs. In aggravating circumstances- when the 

abducted person has not accomplished 18 years, the abducted person has been placed at a 

disposal for debauchery or the abduction has had the purpose of placing the person at a 

disposal for debauchery outside the country- imprisonment of five to twelve years. In most 

severe cases (organized criminal group, trafficking of the person abroad, dangerous 

recidivism) - imprisonment is of five to fifteen years and a fine of five thousand to twenty 

18 Penal Code, Article 155 paragraph 1 

19 Penal Code, Article 155 paragraph 2 and 3 

20 Penal Code, Article 155 paragraphs 4 and 5 

21 Penal Code, Article 155 ( a ) 

22 Penal Code, Article 155 (b ) 

23 Penal Code , Article 156 

69

thousand levs. Provisions for aggravated crimes and higher punishments were introduced 

with the amendments in 2006. 

Carrying out sexual intercourse with a person of the same sex by using force or threat or 

using a state of dependence or supervision, involving a minor under 14 years 24 - 

imprisonment up to 12 years. 

Recruiting or compelling minors or groups of minors to copulation, molestation, or other 

perverse sexual acts, including the cases when a material benefit was received– punishable 

in the most severe cases with imprisonment of up to 8 years and the fine up to 10 000 

levs. 25 This is a relatively new provision since 2009. 

For pornography 26 (who produces, exhibits, broadcasts, offers, sells, lends or in any other 

way circulates pornographic materials, and who circulates pornographic material through 

the Internet or another similar way, who keeps or obtains for himself or for another person 

through a computer system or in any other way pornographic materials for the creation of 

which a person less than18 years of age or a person with such appearance is used) - 

imprisonment of up to one year and a fine. In the most severe cases- imprisonment of two to 

eight years and a fine of up to ten thousand levs, and the court may rule confiscation of a 

part or of the whole property of the offender. The increased severity of the crime and the 

punishment is related to circumstances as using a person less than 18 years of age or a 

person with such an appearance or acting in fulfillment of a decision of somebody else or of 

an organized criminal group. 

The main concepts of the criminal responsibility for pornography, including the definition 

itself, were adopted with the amendments of the PC from 2007. The adoption of the 

definition, more specifically was accompanied with public debates and discussions, the 

major differences being between the supporters of a more extended and comprehensive 

definition and those who were for a more liberal concept. The definition finally adopted 

reads: 

"Pornographic material" is any indecent, unacceptable or incompatible with the 

public moral material depicting exposed sexual behaviour. As such shall be 

deemed any behaviour expressing real or simulated sexual intercourse between 

persons of the same or different sex, sodomy, masturbation, sexual sadism or 

masochism, or lascivious exhibition of the sexual organs.- p. 28 PC. 

This more comprehensive notion of pornography was inspired by the US concept. Despite 

the fears that it would affect the freedom of expression and entail punishments in many 

instances, the reality statistics so far show that the provisions against pornography are not 

sufficiently used and the perpetrators are not effectively prosecuted. The Bulgarian media 

and advertisement industry are flooded with overtly pornographic materials, which 

remains without any sanction. 

In April 2009, new penal provisions came to strengthen the protection against the 

exploitation of the prostitution of minors. Molestation or copulation with a minor person 

exercising prostitution ( between 14 and 18 years old), through giving or promising benefit 

for it is a crime punishable with imprisonment up to 3 years. At the same time, a new 

provision introduced the crime of using a person victim of trafficking for the purposes of 

debauchery and envisages a punishment of three to ten years and a fine of ten to twenty 

thousand levs. 27 


25 Penal Code, Article 158a 


27 Penal Code, Article 154a 

70

The review carried out above proves that changes in the Penal Code are very dynamic, in 

order to respond to the realities of life and to the increased and diverse risks that threaten 

minors. Nevertheless, the criminal provisions can hardly follow the “ingenious” criminal 

intents and the sophisticated means for committing crimes, including crimes against 

children, nowadays. In addition, our assessment and concern is about the fact that still 

some of the punishments for the crimes are lenient, the prosecution is not effective and 

does not ensure the protection of children, both in terms of the real punishments and other 

measures for the offenders, as treatment, and in terms of protection during the criminal 

proceedings. These issues and concerns will be developed further in the report. 

The comprises another group of crimes, under the 

respective section of the Penal Code. This issue is very relevant for the protection of 

children against sexual violence in Bulgaria. Children represent steadily 1/ 7 th to 1/5 th of 

the trafficking victims identified and constituted as such in the criminal proceedings. For 

example, among 561 victims of trafficking identified in Bulgaria for the period January- 

November, 2010, 79 were children. Trafficking for purpose of sexual exploitation of female 

victims is still the dominating form of trafficking in Bulgaria. 

The Anti- trafficking legal framework in Bulgaria was developed over the course of the last 8- 

9 years with the adoption in 2002 of the first provisions in the Penal Code expressly 

regulating Trafficking in Persons- Section IX of Chapter 2. 28 The Penal Code has been 

amended several times since 2002 in order to respond to the realities of new forms of 

trafficking and to the need of society for more severe punishment of the traffickers. 

The basic definition of the crime of trafficking in the Penal Code does not include the means 

of trafficking and it might not seem in compliance with the definitions of Palermo Protocol 

and the European Convention against Trafficking. In spite of that, the Interpretative 

Decision No. 2 from 16 July, 2009 of the Supreme Court of Cassation, General Assembly of 

the Penal College/ Section 29 perceives this difference as an opportunity for broader 

protection of victims of trafficking in Bulgaria. The fact that the means make not part of the 

main provision of trafficking entails that the responsibility of a broader circle of perpetrators 

can be involved. The Palermo Protocol and the European Convention against Trafficking 

admit that each country can take any legislative measures for the incrimination of the acts 

defined as trafficking. It pertains to the sovereignty of the Bulgarian State to define the 

of the crimes, based on the national needs for more effective regulation and 

the specificity of the country. This position is grounded also in the practice of the 

Constitutional Court (Ruling No. 7/ 1992) 30 , which states that the realization of the criminal 

responsibility of the perpetrators is a sovereign right of each State. The international 

standards define just the main elements of the acts and the main common principles for 

combating the negative phenomena, whilst it is up to the States to adopt the concrete 

and to define the framework of the sanctions. 

As to the crime of trafficking defined in the Penal Code, the acts and the purpose make the 

main and the means are listed as aggravating circumstances. So trafficking is 

gathering, transporting, hiding or receiving individuals or groups of people in order to be 

used for vicious practice, involuntary servitude and seizure of body organs or to be kept 

under compulsory submission, regardless of their consent. 

28 Article 159 (a)-(d) PC (SG 92/ 2002), amended with SG 27/ 2009 

29 The Interpretative Decision was adopted for solving the problems arising from contradictory legal 

practice and practice not in compliance with the law, in terms of substantive law and procedure, in 

cases of trafficking in persons. 

30 Constitutional Court. File No. 6/1992 

71

Section IX. 

Trafficking of people (New, SG 92/02, SG 75/06, SG 27/09) 

Article 159 (a) (1) Who gathers, transports, hides or receives individuals or groups of people in 

order to be used , involuntary servitude, seizure of body organs or to be kept 

under compulsory submission regardless of their consent, shall be punished by imprisonment of 

two to eight years and a fine of three thousand to twelve thousand levs. 

(2) When the act under Paragraph1 is committed: 

1. ; 

2. by compulsion or by deceiving the person; 

3. by kidnapping or illegal deprivation of freedom; 

4. by using a state of dependence; 

5. by malfeasance; 

6. by promising, providing or obtaining benefit, 

The punishment shall be imprisonment of three to ten years and a fine of ten thousand 

to twenty thousand levs. 

(3) In case the act under Paragraph1 has been 

, the punishment shall be imprisonment of three to fifteen 

years and a fine of twenty thousand to fifty thousand levs. 

Article 159 (b) (1) Who gathers, transports, hides or receives individuals or groups of people and 

transfers them through the border of the country with the purpose under Article 159 (a), 

Paragraph1 shall be punished by imprisonment of three to twelve years and a fine of ten 

thousand to twenty thousand levs. 

(2) If the act under Paragraph1 is committed under the conditions of Article 159(a), Paragraph2 

and 3 the punishment shall be imprisonment of five to twelve years and a fine of twenty 

thousand to fifty thousand levs. 

Article 159(c) (New, SG 27/09) who 

for forced labour, for extracting body organs or for keeping the person in 

compulsory submission, notwithstanding her/ his consent, shall be punished by imprisonment 

of three to ten years and a fine of ten to twenty thousand levs. 

Article 159(d) when the act under Article 159(a) - 159(c) represents a dangerous recidivism or it 

has been committed in implementation of a task or in fulfillment of a decision of an organised 

criminal group the punishment shall be imprisonment of five to fifteen years and a fine of 

twenty thousand to hundred thousand levs, as the court can also rule confiscation of a part or of 

the entire property of the offender. 

As stated in the respective provision, the acts mentioned in Paragraph 1 committed with 

regard to a child, always represent a crime under aggravating circumstances. The protection 

against trafficking was enhanced by two amendments of the PC- in 2006 and in 2009, by 

introducing new crimes, increasing their severity and the respective punishments. Until very 

recently, the sanctions and punishments for trafficking were not dissuasive enough and not 

proportionate to the severe violations of human rights involved. Recent changes in the PC 

try to remedy this situation and made the punishments more stringent. Nevertheless, it is 

our opinion that the punishments for trafficking should be further increased in the future 

Penal Code. 

The crime of trafficking involves also many other crimes which represent, together with 

trafficking the notion of multiple crimes, regulated in the Penal Code. 31 The general 

principle is that if one act has been an instrument of several crimes, or if one person has 

committed several individual crimes before a verdict has been enacted for any of them, the 

court, upon awarding punishment for each crime individually shall impose the most 

serious of them. When the imposed punishments are of the same kind, the court can 

31 

Penal Code, Articles . Chapter 2 Section 4 “Multiple crimes”, Articles 23 to 30 

72

increase the imposed total most serious punishment by no more than one half, but the thus 

increased punishment cannot exceed the sum of the individual punishments, or the 

maximal size stipulated for the respective kind of punishment. Very often trafficking is 

combined with multiple acts of rape, severe injuries, and threats with murder, which are 

separate crimes and cannot be absorbed by the crime of trafficking. It is difficult to prove 

most of these crimes and to seek justice for them. In most of the cases these crimes remain 

unpunished. 

The crimes against sexual exploitation, mentioned above, and namely, persuasion to 

prostitution and abduction for the purpose of debauchery are clearly trafficking- related 

crimes. The correlation between them and the crimes of trafficking is dealt by the 

aforementioned Interpretative Decision No. 2 of the Supreme Court of Cassation. 

Of relevance to sexual abuse of children are also most of the crimes against Marriage, Youth and 

the Family- Chapter 4 of the Criminal Code: 

1.Who compels somebody by violent means to enter matrimony and for this reason the marriage 

is annulled shall be punished by imprisonment of up to three years; Who abducts a female 

person with the purpose of compelling her to enter matrimony shall be punished by 

imprisonment of up to three years, and if the victim is underage the punishment shall be 

imprisonment of up to five years. 32 

2.A parent or other relative who receives ransom in order to permit entering matrimony by his 

daughter or a relative shall be punished by imprisonment of up to one year or by a fine of one 

hundred to three hundred levs, as well as by public reprimand. The same punishment shall be 

imposed to those who gives or mediates in the giving and receipt of such a ransom. 33 

3.A parent or a guardian, who leaves a person under parental care or guardianship without 

supervision and enough care, thus creating a danger for his physical, mental or moral 

development, shall be punished by imprisonment of up to one year or by corrective labour, as 

well as by public reprobation. 34 

4.Who compels a minor or underage person to commit a crime or to prostitute shall be 

punished by imprisonment of up to five years and by public reprobation. If harmful 

consequences have occurred for the physical, mental or moral development of the aggrieved, 

unless the act represents a more serious crime, the punishment shall be imprisonment of one to 

six years and public reprobation. 35 

5.Who tortures a minor or underage person placed under his care or whose bringing up is 

assigned to him, unless the act represents a more serious crime, shall be punished by 

imprisonment of up to one year or by corrective labour, as well as by public reprobation. 36 

32 

33 

34 

35 

36 

Penal Code, Article 177 





73

6.Who systematically employs for mendicancy a person under his care shall be punished by 

imprisonment of one year or by a fine of one thousand to 3 thousand levs. If the perpetrator is a 

parent or a guardian of the victim the punishment shall be imprisonment of up to two years or 

corrective labour, as well as public reprobation. 37 

7.Who, by abusing his parental power, compels a child of his, who has not accomplished 16 

years of age, to live connubial life with another, shall be punished by imprisonment of up to 

three years or corrective labour and public reprobation. 38 

8.An adult who, without having entered into matrimony, begins a connubial life with a female 

person who has not accomplished 16 years of age, shall be punished by imprisonment of up to 

two years or by corrective labour, as well as by public reprobation; an adult who persuades or 

facilitates an underage male or female person, who has not accomplished 16 years of age, to 

lead a connubial life without a marriage, shall be punished by imprisonment of up to two years 

or by corrective labour. If these acts have been committed against a person who has not 

accomplished 14 years of age the punishment shall be imprisonment of two to five years. 39 

9.A parent or another relative who receives a ransom in order to permit to his daughter or 

relative less than 16 years of age to lead a connubial life with another shall be punished by 

imprisonment of up to two years or by a fine of one hundred to three hundred levs, as well as by 

public reprobation. The same punishment shall be imposed to those who gives or mediates in 

the giving of such a ransom. 40 

10.A female person, who gives consent for the sale of her child in the country or abroad, shall be 

punished by imprisonment of one to six years and a fine of five thousand to fifteen thousand 

levs. The punishment under Paragraph 1 shall also be imposed on a pregnant woman, who gives 

consent for the sale of her child prior to his/ her birth. 41 

Although the penal regulation is very detailed and was called to existence by real life 

situations, most of the crimes under this chapter remain non prosecuted and unpunished. 

The fact that most situations targeted in the occur predominantly in some 

marginalized communities only aggravates the violations of children’s rights and hampers 

their identification and investigation. 

The most recent provisions in this sections are from 2005- 2006, mainly related to the 

phenomenon of sale of children. 

As a whole, the protection of children in the penal law can be assessed as a comprehensive 

one, although still fragmented and in need of more stringent punishments. The major 

violations of sexual integrity of children are recognized as serious crimes according to the 

PC / punishable with a sanction of up to 5 years of imprisonment/, the effective 

implementation remains the main problem though- the proper investigation, prosecution 

and punishment of the perpetrators. 

b/ The Penal Procedural Code 

The child victim, including the child victim of sexual abuse, has her/ his rights guaranteed 

under the general conditions of the / CPA/ and under the special 

provisions of the Penal Procedural Code / PPC/. The general principles enshrined in the 

CPA and valid for all administrative and judicial proceedings have to be respected, and 

namely: he/she has the right to be heard in all cases if he/ she is minimum 10 years old, 

37 

38 

39 

40 

41 





Penal Code, Article 182(b) 

74

except if it would damage her/his interest; if younger than 10 years, he/she may be heard 

depending on her/his level of individual development; the respective institution has to 

provide the information needed to the child for taking a decision; the hearing of the child 

has to take place in an adequate environment in the presence of a social worker from the 

Directorate “Social assistance”, and of other experts, when needed; the respective body 

ensures the presence of a parent or a close person to the child; in principle the child’s 

parents represent a child in administrative proceedings and if that is not possible, a social 

worker does so; the information about the child gathered in procedures affecting her/him 

shall not be disseminated without the consent of the parents and, if the child is 10 or older, 

without her/ his consent; the rights of the child to data protection and to respect of his/ 

her have to be respected by all social workers and state officials. 

A special and alleviated procedure is envisioned 42 for juvenile witnesses in the 

: A juvenile witness under the age of 14 years shall be interrogated in the 

presence of a pedagogue or a psychologist, and where necessary, in the presence of the 

parent or the guardian. A juvenile witness above the age of 14 years shall be interrogated 

in the presence of the persons mentioned above, if the respective body deems so necessary. 

The body conducting the interrogation shall explain the juvenile witness less than 14 years 

of age the necessity to give true testimony, without warning him/her liability. When the 

child does not agree and when it is not in the interest of the child, she/ he can refuse to 

testify. 

There is no special procedure for issuing protection orders by the court in cases of sexual 

violence. Nevertheless, the child victim of a sexual crime can benefit of a court decision 

prohibiting the offender to approach the injured. This general protection measure is 

envisioned in the PPC 43 - upon a proposal of the prosecutor, with the consent of the injured 

or upon a request of the injured, the respective first-instance court may prohibit the 

accused to approach directly the injured; the court shall immediately hear the proposal or 

the request and issue a final decision; the prohibition shall be cancelled after closing the 

case with effective sentence or where the procedure is discontinued on another ground. 

No special procedures and respective protocols for investigation and prosecution in cases 

of sexual abuse of children have been developed so far in Bulgaria. 

Furthermore, despite the mentioned provisions, the PPC and the judicial authorities 

dealing with criminal cases in practice do not guarantee the child: an opportunity to freely 

express himself / herself, without fear and anxiety, when testifying about his experiences; 

and non-discriminatory crediting of the testimony. The PPC is not consistent in ensuring 

appropriate environment for carrying out the questioning of the child-witness. This poses 

risks for both the interests of the child involved in criminal proceedings, and for the 

purposes of those proceedings. 

42 PPC, Article 140 

43 PPC Article 67 

75

It is noted in a recent study on the participation of children in legal proceedings in Bulgaria 

from 2009 44 , that during the interrogation of the child the accused and/ or his/ her lawyer are 

usually present. The child witness can benefit of an attorney- at- law only if the interests of the 

child are in conflict with the interests of his/ her special representative /a parent or a 

guardian/. In the other cases, the child is represented by the parent or the guardian or by an 

attorney- at- law entrusted by them. The child who is injured or witness is subject to 

interrogation by a variety of persons in the course of the procedure. This is assessed as a factor 

for the traumatization of the child. Over 50% of the children in the cases researched were 

interrogated between 3 and 6 times during the legal proceedings. In addition, children 

participated in a number of penal proceedings. It is noted that children were heard only in the 

courtroom, with no special protection measures for limiting the access of the accused and his/ 

her attorney to the child. It is confirmed that the length of proceedings in which the child is 

involved is over 1 year. It is the opinion of the experts that the long procedure and the fact that 

there is no final act for a long time makes an obstacle for the child to overcome the trauma and 

represent a factor for her/ his re-traumatization. Most of the children researched were direct 

victims of bodily injuries and sexual abuse. 

Therefore the judicial system in Bulgaria still has to be adjusted in order to ensure equality 

of the child during the legal proceedings and to achieve compliance with the requirements 

of the Guidelines for the judiciary on the issues related to children who are victims or 

witnesses of crime, adopted with Resolution 2005/20 of the Economic and Social Council 

from 22 July, 2005. 

Other shortcomings of the legal system, which make obstacle to the protection of a child 

victim of sexual crime is the unclear regulation of the right to legal aid for the children, the 

fact that the sentence often does not entail real imprisonment of the offender and 

sometimes he lives in vicinity of the victim. The effective payment of compensation for 

abused children cannot be enforced against the offender who very often has no assets and 

no remuneration to guarantee the payment. There is no special mechanisms and special 

public fund for compensation of children victims of sexual abuse. We note that concerning 

these last gaps identified there are already communications pending on behalf of abused 

children, for example before the CEDAW Committee. 

There are no regular training and specialization of police officers, prosecutors, judges 

explicitly in the field of child sexual abuse. Opportunities for developing such expertise can 

be opened through the implementation of two instruments, which will be 

presented further- the Coordination Mechanism for Referral, Care and Protection of 

Repatriated Bulgarian UAM /Unaccompanied Minors/ and Minors Victims of Trafficking 

Returning from Abroad, and the Agreement for Cooperation and Coordination of the 

institutions at local level in cases of children victims of violence, including of sexual 

violence. 

44 Report on the results of a study of the system of penal justice by the Institute for social activities 

and practices and the Association of judges under the EU funded project “The participation of 

children in legal proceedings”, 2009, 

http://www.detetosvidetel.com/files/files/Doklad_sudebna_sistema_FINAL.pdf 

76

The analysis of the status of the sex offenders in the context of the penal law and procedure 

is a relatively new issue, a challenge raised in the framework of exchange of experience 

among EU countries and in view of approximation of legislation and good practices. The 

need to consider the problem of sexual crime against children also from this perspective is 

obviously in the interest of victim’s and potential victims’ safety and in the interest of 

society as a whole. An additional benefit in the direction of crime prevention would be 

gathering relevant information about the causes and mechanisms of sexual crime through 

the treatment programmes for sex offenders. The other dimension- the opportunity for the 

offenders to benefit themselves of the treatment and to get the chance to improve should 

not be overlooked as well. 

In Bulgaria there is no explicit legal regulation of the treatment of sex offenders. The 

existing penal and penal procedural provisions, as well as the provisions related to the 

punishment execution can lay the basis for such a treatment and its legal regulation in the 

future. 

a/ The Penal Code 

The PC stipulates that the punishment shall be imposed with the purpose of: 1. reform the 

convicted person toward observing the laws and the good morals, 2. preventive influence 

on him and eliminate the possibility of his commitment of other crime and 3. instructive 

and warning effect on the other members of the society. 45 The sexual crimes against 

children are usually defined as serious crimes in the PC, therefore the possible 

punishments, among the punishments provided in the PC are imprisonment, fine and in 

some cases confiscation of property. For the purpose of the current study, it is of interest 

to identify the legal opportunities for treatment of the sex offenders in case of 

imprisonment. Life imprisonment shall be incurred in the prisons and penitentiary 

establishments, as well as in the prison hostels to them. The initial regime of 

imprisonment and the type of prison establishment shall be determined by the court 

according to the provisions of this Code and the special law. 46 The incurring of 

imprisonment shall be accompanied by a suitable, respectively paid social useful labour, 

which shall aim at the reforming of the convicted, as well as the creation and 

improvement of their professional qualification. Along with that, other measures of 

reforming and education shall be applied. 47 

For exceptional or multiple extenuating circumstances, when even the most lenient 

punishment stipulated by the law proves to be unproportionally serious, the court shall 

replace imprisonment by probation, when the lowest limit of imprisonment is not 

provided, and for the juveniles - by probation or public reprobation. 48 Although it is 

hardly possible to find such circumstances in confront of a sex offender, there are, 

nevertheless such cases in practice. In this hypothesis the rules of probation will apply, 

along with the possibility of this punishment for correctional measures, labour and 

education. 49 

The PC regulates also the possibility for release from the imposed punishment. When the 

45 PC Article 36 paragraph 1 

46 PC Articles 40- 41 

47 PC Article 41 


49 PC Articles 42a, 42 b and subsequent articles 

77

court imposes a punishment of imprisonment up to three years, it can postpone the 

imposed punishment for a period from three to five years if the person has not been 

convicted for imprisonment for a crime of general nature, and if the court finds that for 

the purpose of the punishment and, most of all for the reformation of the convicted, it is 

not necessary to serve the sentence. 50 In case of postponement of the fulfilment of the 

punishment the court can assign to the respective public organisation or a work team, 

upon their consent, corrective care for the convicted during the probation period. If there 

is no such consent, or when the court finds it necessary, it shall assign to a definite person 

the corrective care for the probationary convicted. If the latter stops the treatment 

without reasonable grounds, the court shall rule to incur entirely the postponed 

punishment imprisonment. 51 

Further opportunities for treatment are offered in cases of release of the offender ahead 

of time- the court can rule a probationary release ahead of term for the remaining part of 

the punishment of imprisonment or probation regarding a convicted with exemplary 

conduct and honest attitude to the work, and who has proven his reformation and has 

served actually no less than half of the imposed punishment. 52 In such cases, where 

necessary, the court shall assign the supervision and the corrective care to a definite 

public organisation upon its consent, or to a definite person, informing about that the 

supervisory or local commission. The overall control and the management of the 

corrective care and of the conduct of the released ahead of term shall be carried out by 

the regional court at the place of their residence. 53 

Increased opportunities for treatment are provided for . Criminally 

responsible is the person who has accomplished 18 years of age, who in a state of sanity 

commits a crime. 54 A juvenile who has accomplished 14 years of age but who has not 

accomplished 18 years of age, shall be criminally responsible if he/she could have realized 

the quality and the impact of the act and handle his/ her conduct. The juveniles whose acts 

cannot be imputed shall be accommodated by a court decision in a corrective boarding 

school or in other suitable establishment, if so required by the circumstances of the case. 

The punishment for the juveniles shall be imposed with the priority objective of their 

reformation and preparation for socially useful labour. A juvenile who has not 

accomplished 14 years of age shall not be criminally responsible and to his/ her acts only 

the respective corrective measures are applied. 55 

Opportunities for prevention, correctional and educational measures with respect to 

minors are provided in the Regulation on the Pedagogical Rooms fro Children and in the 

Law on the Antisocial behaviour of Minors, which will be considered further on. 

The provisions of the Penal Code related to the definition of the punishment, the 

mitigation of the punishment and the respective modalities were amended in the last 

decade at several times in 2002, 2004 and 2005/ especially concerning probation/ , and 

further developed and improved in 2006 and 2009. 

b/ The Penal Procedural Code 

In the penal procedure there are several principles that guarantee the rights of the 

accused in compliance with the regional and international standards of protection of 

50 PC Article 66 paragraph 1 

51 PC Articles 67- 68 





78

human rights. 

Here are some of them, which guarantee also the rights of the accused of sexual crimes: the 

central place of the court procedure, the pre- trial procedure being of preparatory nature; 

56the right to defence- the accused in the penal procedure shall be provided with all 

procedural remedies necessary for the defence of his/her rights and legitimate interests, the 

court, the prosecutor and the investigating bodies shall make clear to the accused his/ her 

procedural rights and shall provide them with the possibility to exercise those rights; 57 the 

presumption of innocence; 58 the right to inviolability of the person- no measures of coercion 

shall be taken against the persons taking part in the penal proceedings, except in the cases 

and following the order stipulated in the PPC, no person may be detained for more than 24 

hours without the permission of the court; the prosecutor may direct detainment of the 

accused till he/she is brought before the court; the court, the prosecutor and the investigating 

bodies must release every person who has been unlawfully deprived of freedom. 59 

In addition to these main principles, the specific rights of the accused include: to learn for 

which crime he/she is involved in this capacity and on the base of what evidence; to give or to 

refuse to give explanations about the accusation; to become acquainted with the case, 

including with the information obtained by usage of special intelligence devices and to make 

the necessary extracts; to submit evidence; to participate in the penal procedure; to make 

requests, notes and objections; to make statements last; to appeal the acts which harm 

his/her rights and legitimate interests; to have a defender. The accused shall have the right of 

participation of his/her defender in the performance of all of the actions of investigation and 

other procedural actions with his/her participation, except if he/she abandons explicitly this 

right. The accused shall also have right of last plea. 60 

The restraining measures shall be: 1. subscription; 2. guarantee; 3. home arrest 4. detention in 

custody. 61 The provisions for detention in custody additionally guarantee the rights of the 

accused: the main principle being that this restraining measure shall be taken when a 

grounded assumption that the accused has commuted a crime, which is punishable with 

imprisonment or other stricter punishment, and the evidence on the case indicate that a real 

danger that the accused may abscond or commit a crime exists. The detention in custody in 

the pre-trial proceeding shall not last for more than one year, if the charge is for a major 

malicious crime and for more than two years, if the charge is for a crime for which a 

punishment of not less than fifteen years of imprisonment or life imprisonment is provided. In 

all the rest of the cases, the detention in custody in the pre-trial proceeding shall not last for 

more than two months. The appearance of the accused before the court shall be ensured 

without delay by the prosecutor, who where necessary, may order that the accused be 

detained up to 72 hours for bringing him/her before the court. 62 

The pre-trial procedure shall include investigation and actions of the prosecutor after the 

finalization of the investigation. Bodies of the pre-trial procedure shall be the prosecutor and 

the bodies of investigation. 63 The investigation shall be conducted by investigators in cases of 

crimes of general nature under Art. 95 – 110, Art. 357 – 360 and Art. 407 – 419 of the Penal 







62 PPC Articles 63-64 

63 PPC Articles 193- 194 

79

Code and in other cases of criminal activity, like crimes committed abroad. Beyond these 

cases the investigation shall be conducted by investigating policemen. 64 

The obligation for body of investigation to provide lawful and timely investigation is another 

guarantee for the accused- the investigation body shall be obliged in a shortest tern to gather 

the needed evidence for detection of the objective truth, being guided by the law, the inner 

conviction and the instructions of the prosecutor and the instruction of the prosecutor; the 

body f investigation shall also perform actions of investigation and other procedural actions 

during the time, when the case has been sent in the court in connection with a measure of 

procedural compulsion. 65 

Based on the aforementioned proceedings, the investigation of crimes against sexual 

integrity of children will fall within the competence of the investigating policemen. The 

competent authorities are the representatives of General Directorate “Criminal police”, 

according to the Law for the Ministry of the Interior and the Regulation for its application 

from 2006. Besides the competence for investigation, the structures of the Directorate 

have the competence to issue special guidelines and protocols for the investigation of 

severe crimes. There are no special guidelines and protocols for the investigation of sex 

crimes against children, as there is no information available and no mention about such 

documents. Concerning the specialization of the inspectors and the investigating 

policemen, there are such specialized in crimes against the person, and namely rape and 

molestation, although there are no data about those with specific focus on sexual crimes 

against the children. In such cases, there is cooperation and interaction between the staff 

of “Criminal police” units and the Pedagogical rooms for children. 

It is worth mentioning that, as a whole, the punishments of the sex offenders are 

mitigated, even mild in some cases. There is caution about arresting and detaining them, 

the procedure is respected in their confront and they are not often detained in custody, at 

the exception of blatant cases of sex abuse. In a recent case of sexual abuse- incest, with 

multiple rapes, the father was initially arrested but not kept in custody as the court 

considered that there was no risk for him to commit another crime. His daughter, 17, was 

placed within the hands of the welfare and child protection services. Such practice might 

seem as a mild treatment in severe cases, and as not dissuasive enough for the sex 

offenders, beyond the important considerations about justice that needs to be done for 

the harm suffered by the victims. 

c/ The Law on the Execution of Punishments and on the Detention in Custody 

 

in force since the 1 st of June, 2009, as well as the Regulation for its application are two 

recent pieces of legislation, which govern the area of execution of punishments, imposed 

by verdict entered into force, as well as the legal status of persons detained according to 

the PPC. The execution is aimed at achieving the goals of the punishment, as defined by 



80

the Penal Code, and namely, at the differentiation and individualization of the impact of 

the punishment in view of correction and education of the convicted persons. In view of 

achieving the goals of the punishment, the law provides for the establishment of 

cooperation and agreements between the national and local authorities and the civil 

society organizations for the provision of services of public interest. 66 

The Minister of Justice has the competence for the general management and control over 

the punishment execution. The direct control over the penitentiary establishments is 

within the hands of the Chief Directorate ”Execution of the punishments”- a structure to 

the Ministry of Justice. There is no special division of the convicted persons based on the 

types of crimes committed, so there are no special places for the execution of 

punishments of the sex offenders. 

In addition to the labour activities, in a special chapter the law provides also for social and 

educational activities for the resocialization of the convicted. These activities are targeted 

at supporting the personal change and at building skills and abilities for a lawful life in 

society. They can be organized as group work and individual social activities and 

education. The specialized programmes for individual and group work are implemented 

by the inspectors on social activities and other staff of the prisons, volunteers and 

external experts with respective skills. 67 The participation of the convicted in these 

programmes is voluntary but the cooperation of the offenders in the process of 

resocialization is encouraged by incentives and benefits. The special programmes shall be 

approved by the Chief Director of the Directorate” Execution of punishments”. 

The review of the penal justice legislation and of the penitentiary legislation from the 

perspective of the rights of the convicted and of their opportunities for correction and 

education shows that there is space for more educational measures and targeted work 

with the convicted at the different stages of their involvement with the justice system. 

More specifically, the new LEP as a modern law on this matter is open for new 

programmes and cooperation with external experts and actors from civil society. These 

more liberal provisions made the entry point for progtammes and studies implemented 

by nongovernmental organizations in some prisons in the last two years. 

Despite this tangible progress in Bulgarian legislation, still there are no provisions for 

obligatory treatment of sex offenders, as a special group in need for targets treatment, in 

the interest of the community and of the society as a whole. 

 

a/ State bodies with competence in child protection 

The (ASA), a body within the Ministry of Labour and Social 

Policy/ MLSP/, among others / administers social benefits and services, registers entities 

as service providers, and makes decisions on the status of social services/ , implements 

relevant government policies in the field of child protection. The ASA, in turn, has two 

subsidiary bodies on the regional and municipal levels, i.e. the Regional Directorates for 

Social Assistance, and the Directorates for Social Assistance (DSA), respectively. Within the 

municipal- level DSA, there are child protection and social protection departments. The 

(SACP) is an agency of the Council of Ministers, which 

manages, provides guidance, methodology and control over the acts of child protection 

66 LEP Article 8 

67 LEP Article 157 

81

departments in the field. Paradoxically enough, the budget of the Agency comes from the 

MLSP. Both the DSA and the State Agency for Child Protection have competencies in cases 

of child abuse, sexual abuse included, and child neglect. The difference is that the DSA act 

on the ground and the SACP has more methodological functions, monitoring functions, and 

such in the field of legislation and policy. Since the adoption of the Child Protection Act in 

2000, both mechanisms developed and evolved but then years after that it can be assessed 

that the functioning of the child protection system still leaves to desire, it is largely underfunded 

and the capacity of the staff has to be further built. We still witness a formal, 

bureaucratic approach, not a reliable system for supervision of child abuse and neglect, 

inadequate implementation and application of the legislation, which brought to serious 

gaps and recent cases of severe child sexual abuse, maltreatment and neglect. There is not 

enough coordination between the different structures, not only within the structures of 

child protection but also between these structures and other administrative bodies, like the 

police. In several cases of child abuse both child protection services and the police did not 

react in a timely way. The prosecutors, where the cases were referred to them, were 

reluctant to prosecute until they were provided with more reliable data about the sexual 

abuse. All these shortcomings called to existence the new Mechanism for protection of 

children at risk of violence, which will be presented further. 

Protection of children against violence, including against sexual violence is set as a 

priority in the governmental policy, although it is not first priority of child protection. 

Currently, as first priority is perceived deinstitutionalization of children in Bulgaria. 

b/ The Child Protection Act / CPA/ 

Civil protection of children against sexual violence is related to the first steps to be taken 

to protect the child in such cases, according to the Child protection act and to the Law on 

Protection against Domestic Violence. This protection, as an immediate one, should be 

further developed as a priority in the state intervention, compared to the more complex 

and slow protection by penal law. 

82

The protection of youth and children in Bulgaria is regulated by the Child Protection Act /CPA/ 68 

and the Regulation for its implementation- they ensure protection of children at risk, and their 

protection against violence and sexual exploitation. 

Child is every physical person until the age of 18. 69 The marital age is 18 years, with the 

possibility to enter in marriage at 16 years, with the consent of the President of the District 

court. 70 The age of sexual consent is fixed at 14 years by the Penal Code. Basic principles of the 

Child Protection Act are the respect of child’ s personality, bringing up of the child in a family 

environment, ensuring the best interests of the child and special protection of children at risk, 

and of talented children. 71 Children are protected, without discrimination /including based on 

race, sex, ethnicity, social status/, from violence in all forms, and explicitly from their 

involvement in begging, prostitution, and from sexual exploitation. They are protected from any 

involvement in activities which may have negative impact on their physical, psychological, moral 

and educational development. 72 According to the Regulation to the CPA, sexual violence is 

defined as any act of using the child for sexual satisfaction. The CPA does not ensure explicit 

protection against child trafficking. 

When a child is at specific risk, a procedure for child removal is initiated according to the CPA. 

Protection of children at risk 73 is one of the main principles of the law. A child at risk is the one 

who does not have parents or who has remained permanently without parental care; the child 

who is victim of abuse, violence, exploitation, within or outside her/ his family; the child at risk 

of damage for her/ his physical, psychological, moral, intellectual and social development; a 

disabled child or a child with difficultly treatable disease. The grounds for removal and 

placement of a child outside the family are as follows: 74 

- His/her parents are dead, unknown, deprived of parental rights or with limitation of 

parental rights by the court; 

- Whose parents, without justification, continuously deprive him/ her of parental care; 

- Whose parents are in a permanent impossibility to raise him/ her. It can be due to 

different reasons; the important criterion is the potential impact on raising the child. The 

concrete facts can include also the lack of financial means. The latest trends show that 

unemployment of the parent/s is an important risk. 

- Who is victim of violence in his/ her family and there is a risk of damage for her/ his 

physical, psychological, moral, intellectual and social development. 

- The court decides on the removal of a child and his/ her placement in families of close 

relatives, in a foster family or in an institution. In the meantime, prior to the court 

decision, the social welfare services can decide on the temporary placement of the child 

following an administrative procedure. 75 The placement of the child in an institution is 

made only when all the possibilities for the child to remain in a family environment are 

exhausted. In urgent cases also of sexual violence, under the CPA the child can be placed 

under police protection for up to 48 hours, as an urgent measure, when: 76 

- The child is a target of a crime, or if there is immediate risk for the life or the health of 

the child, or when there is a risk for the child to be involved in a crime; 

- The child is lost or in a helpless State; 

- The child is left without control. 

68 SG 48/ 2000 

69 CPA, Article 2 

70 Family Code - SG 47б 2009, Article 6 


72 CPA, Article 10- 11 

73 CPA, Additional provisions, paragraph 1, p. 11 

74 CPA , Article 25 



83

In these cases the child is placed in special premises or in an institution, or is returned to the 

parents or to those who have parental rights. A special Ordinance of the Minister of the Interior 

has been issues in 2001 in order to regulate this urgent police protection. The major 

amendments of the CPA since its adoption were made in the period 2006- 2009 in the direction 

of enhancing the mechanisms for removal and protection of children at risk. 

The interference of the State in the mentioned cases seems justified by law. However, there is a 

risk of abuse of the power by the social welfare services. In the absence of social work and 

support of the parents at risk, very often children are removed from their parents and placed in 

institutions, which should be the only the final measure. There is no well developed foster 

parents’ system in Bulgaria and, in the absence of relatives in a position to take care of the 

child, institutionalization is often inevitable. In addition, there are cases of sexual violence 

where the children were taken away, separated from their non- violent mothers and placed in 

crisis centres. Currently, over 6 500 children are placed in institutional care. The number is 

high but the number of such children has decreased as a result of deinstitutionalization. In fact, 

according to data from the State Agency for Child Protection, in 2005 their number in 

institutions was 16 000 and only 1,8% of them were orphans. According to most recent trends, 

still about 70 % of institutionalized children are of Roma origin, with poor chances for 

adoption. 77 Roma children from institutions and those leaving institutions are groups at major 

risk of sexual violence and trafficking in their different forms. 

c/ The Law on Protection against Domestic Violence 

In case of child abuse, the can 

be used as well. The law was adopted in 2005 and amended in 2009, as a result of the 

pressure of civil society. The amendments from 2009 strengthened the protection of 

children from violence. Domestic violence committed in the presence of a child is 

considered as psychological and emotional violence against the child herself/ himself. 78 

Domestic violence comprises all forms of physical, sexual and psychological violence also 

against a child in the family. Upon request of the victim, the court can issue an order for 

protection with a variety of measures- from obliging the perpetrator to stop violence, to 

leave the home, not to approach the victim and her/ his home, to temporary placement of 

the child with the non violence parent. There is a possibility for an emergency protection 

order to be issued within 24 hours. In cases of domestic violence against a child, the social 

welfare services - the Directorates of Social Assistance have the competence to request 

from the court the issuance of an order for protection against the abuser and his/ her 

removal from the home as well as other measures under the law. Despite the fact this 

provision exists since the adoption of the law and was improved in 2009, the social welfare 

services do not exercise their competences and do not file petitions under the LPADV. In 

many cases of sexual abuse of children they did not request urgent protection of the child 

and removal of the aggressor from the home of the abused child. The measures ordered by 

the court for the perpetrator to stop the violence, not to approach the victim and to leave 

the house are implemented with the cooperation of the police. If the perpetrator of 

violence does not implement the order for protection issued against him, the police can 

77 Lyubomirska, Maya. ‘Monitor newspaper,’ Children raised by the State, (September 2009), 

http://www.monitor.bg/article?id=215940 

78 Law on Protection against Domestic Violence- Art. 2 para 2 

84

arrest him. Since April, 2009, the non- implementation of the order for protection under 

the LPADV is a special crime. 79 

It is of specific interest to this study that the LPADV since 2005 provides for the 

opportunity to order a special protection measure against the perpetrator- the obligation 

to attend specialized programmes for perpetrators of violence. 80 Unfortunately, due to the 

absence of such programmes and of funding for them they are not yet developed in 

Bulgaria. In the Regulation for the application of the LPADV from 2010, the nongovernmental 

organizations are responsible for the development of such programmes for 

providing the respective data. These programmes, obligatory for the perpetrators, will be 

developed in the near future and can be used also for those who committed sexual violence 

against children. Already existing initiatives will be described in the respective section of 

this report. 

d/ The Anti – Trafficking Law 

The Law on Fighting the Illegal Trafficking in Persons in force since January, 2004, provides 

for a special procedure for rendering assistance to children victims. Upon receiving 

information regarding a child - victim of illegal trafficking, the national and local 

commissions, the shelters and centres for protection and help of the victims of trafficking 

shall be obliged to inform immediately the State Agency for Child Protection for 

undertaking measures under the CPA. According to the Child Protection Act, the child has 

the right to consultation and information from the social support services. Unfortunately, 

protection is not extended explicitly to the children of trafficked persons. The children will 

be accommodated in individual rooms, separate from the adult victims, they will be 

provided with education in the State or municipal schools. The commissions, the shelters 

and the centres for protection and help of the victims of trafficking shall undertake 

immediate action for finding the families of children - victims of trafficking. The specialized 

bodies under the CPA shall undertake measures for providing legal representation for 

children. Medical, legal and psychological support is provided in the special shelters and 

centres for protection and help of the victims. Special protection of children is expressed 

also in the length of the reflection period for them, which from 30 days can be extended to 

up to two months on proposal of the State Agency for Protection of the Child. 

e/ Administrative measures under the Law on Anti- social behaviour of Minors and the 

Regulation on Pedagogical rooms for Children 

The Law on Anti- social behaviour of Minors is an old piece of legislation from 1958, last 

amended in 2010, which survived despite the heavy criticism of experts and civil society 

organisations for not being fully in compliance with human rights and child’s rights. The 

law regulates the activity of prevention and the fight against antisocial acts of minors 

and of their education. Under the law several bodies and institutions are created: the 

commissions for fight against the antisocial behaviour of minors, the pedagogical rooms 

for children, socio- pedagogical boarding schools, establishments for temporary 

placement of minors, etc. The local commissions are competent to take measures with 

regard to: minors between 8 and 14 years and minors of 14- 18 years old who were 

released from penal responsibility under the PC. The law provides for a broad range of 

obligations and restraining measures, as well as for education of the minors. 

Under the Regulation on the Pedagogical rooms for Children from 1998 administrative 


80 LPADV Article 5 paragrapg 1 p. 5 

85

measures are provided at local level by structures of the National police both for 

prevention of crime and antisocial acts of minors and for the protection of the rights of 

minors from criminal acts. 

 

 

 

 

This new mechanism adopted in March, 2010, was created through an agreement of the 

steakholders responsible for child protection and is aimed at ensuring quick reaction and 

protection at local level in situations of children at risk in the community. The mechanism is 

used also in situations of children at risk of sexual violence. Given the importance of this tool, 

a detailed description of the role of each of the institutions involved is given in the text below. 

The other relevant documents and charts are given in the annexes to the report. 

 

 

 

 

 

 

In case that the signal is received by any of the envisaged authorities- by the Social Welfare 

Department/ Child Protection Department (SWD/CPD), State Agency for Child Protection 

(SACP) or the Police /according to art.7 from the Law for protection of children/, they are 

obliged to inform the rest of the authorities involved within 1 hour since the signal has been 

received, including by phone and fax. The signal is sent to SWD with the current address of 

the child. In each department for child protection part of SWD, the head of the department is 

available and he/ she has to appoint a social worker who is going to be responsible for the 

signal. In the CPD a person accountable is appointed and he/she who has to investigate the 

signal within 24h of its occurrence. Upon finishing the investigation, if there is an identified 

risk and a case is opened, the social worker prepares a report containing the results of the 

investigation and a copy of the report and the signal are sent to the obligated participants in 

the multidisciplinary team- representative/s of the mayor of the municipality, the region or 

the city-hall; a representative from the local Police department- regional inspector or an 

inspector from Child pedagogical room, or an operative worker and others; and according to 

the specific case- to the Regional Healthcare Center (RHC); the child’s personal doctor on 

general practice, a representative of “Emergency Care”, head of the healthcare department 

that initiated the signal and others; etc. Regional Education Inspectorate under the Ministry 

of Education, Youth and Science; a school/ kindergarten director, a teacher of the child, a 

teacher from an educational group, a school psychologists, etc.; The Local commission on 

combating antisocial activities by minors; a regional judge; a regional prosecutor; an 

authority managing a social service or NGO’s providing a social service if such is needed. The 

social worker accountable for the case, within the 24h required for investigating the signal 

has to call by phone the multidisciplinary team and form a work meeting in the shortest time 

possible. The local multidisciplinary team has to set a unified strategical goal and to reach it 

they have to develop a mutual plan for action that includes specific activities and deadlines. 

Each of the participants mentioned above, chooses and offers to the rest of the team a 

specific activity regarding the case, which he/she has to carry out regarding his/hers own 

86

jurisdiction and according to the Regulatory system. The specific activities have to be 

appointed in such a way that each participant can carry them out within their operative 

independence and while carrying them out they have to be supported by the rest of the 

participants, while this contributes to the final result- a long-term goal, which has to 

guarantee the interest of the child in risk to a maximum degree. 

 

The procedure is applied in a case of a crisis event or situation which is very dangerous or 

risky, characterizes with high mortality, large number of victims or dead, severe injuries- for 

example an act of violence, terrorist acts, life endangering natural disasters, automotive 

accident and others which have high public interest or publicity. The children who have 

suffered such a crisis are mostly confused, feel anxiety, depression, fear, sadness which lead 

to difficulties with sleeping and eating, distrustfulness, emotional withdrawal. Engaging a 

contact with such children, prevents forming a psychological defense within the victim/ 

which might interrupt any attempts of outsiders to support them during their recovery/, 

relieves them of their suffering and helps to overcome the event. The goal of such crisis 

intervention is to lower the effects of the critical event; to lower the influence of the 

traumatic stress; to bring up to speed the recovery to normal life rhythm of children and to 

locate the children, in need of any further help. The multidisciplinary team includes the 

following personnel on duty: police officer, judge, prosecutor, doctor, social service- crisis 

center, municipality administration and school director or teacher- school representatives. 

The supporting person must encourage the child and its family to take specific actions. 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Provides personnel from the Regional directorate of the Ministry of Interior according 

to the current address of the child, who should take part in the local multidisciplinary 

teams by issuing a written order which implies the obligations to act and cooperate 

according to the current mechanism for coordination 

In cases of police protection it provides security and escort to the victims according to 

the current mechanism for coordination to the places for accommodation provided by 

SWD/CPD. 

 

In cases of violence against a child, it provides a free of charge medical examination of 

the child in “Forensics”, taking in to account that a forensic medical certificate has to be 

issued. Such an examination is obligatory in cases when it is recommended by the 

interdisciplinary team. 

 

In cases of disasters, fires, terrorist actions, other exceptional circumstances and 

incidents due to which there are suffering children, the school/kindergarten directors 

are obliged to inform the Regional offices of the Ministry of Interior, the mayor of the 

populated area and the corresponding offices of SWD 

 

Organizes and financially supplies the work of the group for crisis intervention 

Has to periodically bring the Mechanism for coordination up to date according to the 

legislative changes 

To provide supervisions to the personnel of SWD/CPD and if needed- to the rest of the 

participants in the multidisciplinary team. 

 

Provides personnel from SWD/CPD according to the current address of the child, who 

should take part in the local multidisciplinary team by issuing a written order which 

implies the obligations to act and cooperate according to the current mechanism for 

coordination. 

It assigns to the personnel of SWD/CPD powers and obligations for carrying out actions 

and to cooperate on local level according to their competence as representatives of SAA 

in the multidisciplinary team; 

Provides methodological support on-site to the personnel form SWD/CPD who takes 

87

part in the multidisciplinary teams during their activities under this Mechanism for 

coordination; 

Prepares monthly schedules of the social workers on duty and they are provided to the 

Regional departments of the Ministry of Interior. 

 

Provide personnel form their subordinate local administration according to the child’s 

current address, who are to take part in the local multidisciplinary teams by issuing a 

written order which implies the obligations to act and cooperate according to the 

current mechanism for coordination; 

He/she assigns to the personnel of the local municipality powers and obligations for 

carrying out actions and to cooperate on local level according to their competence as 

representatives of the Local authorities in the multidisciplinary team; 

Supervise the implementation of the goals set, according to art.7 from the Law for 

protection of children by the multidisciplinary teams of the local structures and provide 

methodological support to the personnel from the municipality who were assigned to 

take part in the multidisciplinary teams on behalf of the mayors; 

According to the annual reports of the work of the multidisciplinary teams and the its 

corresponding analysis, he/she implements and provides in the municipal programmes 

for child protection, additional activities in support of the Mechanism for coordination. 

In 2010 the Mechanism was applied to 385 cases, while the number of the interdisciplinary 

teams at local level was 353. 81 The analysis on the implementation of the mechanism, its 

effectiveness and respective recommendations will be published soon. 

b/ The Coordination Mechanism for Referral, Care and Protection of Repatriated Bulgarian 

UAM /Unaccompanied Minors/ and Minors Victims of Trafficking Returning from Abroad, 

updated in December, 2010. It is elaborated in the framework of the State Agency for Child 

Protection and is a good example for interaction of governmental bodies and NGOs in the 

best interest of the child. Different state institutions, like the Ministry of Interior, the State 

Agency for Child Protection, the Agency for Social Assistance, along with NGOs, are 

involved in the identification, transfer, rehabilitation and reintegration of children on 

concrete cases referred from outside and inside Bulgaria. Interdisciplinary teams are 

created within the child protection units at local level and they prepare periodic reports 

about the planned activities for each case of a returned child, until completion of the 

reintegration plan. Alternatively, long-term protection measures are put in place. 

Interdisciplinary services for children are ensured by this special mechanism. The role and 

activities of the Ministry of Interior in the mechanism are regulated by an internal 

ministerial document –special guidelines. 

For 2010 the number of cases considered was 48, and the number of children referred 

through the mechanism was 10. 82 

b/ Strategies and plans 

The National Strategy on Children (2008 - 2018), adopted by the National Assembly 83 

mentions among the children at risk the following groups: those whoa re victims of 

81 According to data from the SACP, presented in the Report on the Implementation of the National 

Plan on Gender Equality for 2010- Ministry of Labour and Social Policy 

82 Ibid. 

83 SG 14/2009 

88

violence and exploitation, children victims of trafficking, victims of crime, children in 

internet. The Strategy envisions the adoption, among others, of special measures for 

children who are victims of any form of abuse, violence and exploitation. Two years after 

its adoption, the implementation of the Strategy will be assessed under a special project of 

the SACP 

In 2010, the SACP prepared a draft of a National Plan on Prevention of Violence and Abuse 

of Children/ 2010- 2013/, aimed at better interaction of the institutions in cases of 

violence, including better coordination when crisis intervention is needed. 

Recently, the Council of Ministers adopted the 2011 National Programme for Child 

Protection, where one of the challenges will be fighting sexual abuse of children through 

computer systems. 

In 2010 Sofia Municipality adopted its Strategy for Development of social services for 

Children and Family- 2010- 2013, which will comprise also services for children in 

situation of violence. 

We observe that in the last two years the plans and programmes on protection of children 

are more and more connected by the government with the plans on gender equality, and 

more specifically with the section “ Protection against gender- based violence”. 

c/ Prevention 

With an amendment from 2009 of the Regulation for implementation of the Child Protection 

Act, a new Chapter 8 was created – “ for 

information, consultation and help of children through a Call centre with national free 

telephone line 116111. The line is at the SACP and is currently operated by the NGO 

“Animus”. 

Through this telephone line children can benefit from psychological counseling, can get 

information, including about the nearest services at local level, children at risk can be 

identified. In addition coordination between the institutions can be improved. In cases of 

identification of a child at risk, the case is immediately referred to the respective Directorate 

“Social Assistance” and in case of immediate threat for life and health of the child, the case is 

referred to telephone 112 of the services for urgent response. The staff of the centre 

prepares periodical and annual analyses and assessments of the functioning of the 

telephone line for the Chair of the SACP. 

In March 2010, the web site of the National telephone line was initiated. 84 The figures for 

2010 are as follows: 66 366 calls were registered and the number of consultations was 

13 695. We note that only in March, 2011 the received calls were 4319 and the 

consultations- 1246. From the statistics of the line for 2010, about 10% of the calls was 

about violence suffered by children. 

84 www.116111.bg 

89

According to the report 85 of the State Agency for Child Protection (SACP) based on 

preliminary data from the National Institute of Statistics, by the end of 2009 the total child 

population in the country was 1 366 043. A slight increase in birth rates is observed over 

the recent years – in 2003 the birth rate coefficient was 8.6 ‰ (number of live births per 

1 000 people of the average annual number of population), in 2004 this coefficient reached 

9.0 per thousand and settled respectively at 9,6 ‰ in 2006, 9,8 ‰ in 2007, 10,6 ‰ in 

2008. 

The collection of data on children victims of violence started along with the development of 

the child protection system – after adopting the Law on Child Protection (LCP) in 2000. The 

information system is still under development, hence the gradual occurrence of new 

indicators and characteristics in the course of years. 

a) According to the definitions set out in the Implementing Regulation of the Law on 

Child Protection: 

a) is causing a bodily injury, including causing pain or suffering 

without causing disorder to the health of the child. 

b) are all actions which might have negative implications 

on the psychological wellbeing and development of the child, such as, 

underestimation, mocking, threat, discrimination, rejection or other forms of 

negative attitude as well as when the parent, the guardian of the child or the one 

who takes care of him, fails to provide a supporting environment. 

c) is using a child for sexual satisfaction. 

d) ” is the failure of the parent, the guardian or the person who takes care of 

the child to provide a development of the child in one of the following areas: 

health, education, emotional development, sufficient food, home and safety when 

he has the opportunity to do so. 

 

At the State Agency for Child Protection the information on the type of is 

based on the definitions set out in the Implementing Regulation of the Law on Child 

Protection. The Implementing Regulation was adopted with Decree №153 of July 14, 2003 

and came into force on July 25, 2003. 

The main instrument for gathering information is specially designed information card 

which is filled out by all departments for child protection active on municipal level. 

The table below represents the number of cases of violence against children covered by the 

SACP for the period year 2001-2009 

A “case” is opened when a need of protection is determined by the social worker. This need 

is evaluated based on a thorough investigation on the previously submitted signal. The 

90

social practice in Bulgaria shows that in 2009, 3 out of 5 signals become “cases” on which 

the social workers begin work. 

 

Number of cases 

2500 

2000 

1500 

1000 

500 

0 

75 

632 

Number of cases reported and covered by the SACP 

1995 

2181 

1429 

1742 

1593 1602 

2001 2002 2003 2004 2005 2006 2007 2008 2009 

Year 

1539 

For example in year 2009 the 

number of signals submitted 

to SACP were 1828 out of 

which 1203 became cases on 

which measures were 

undertaken by the child 

protection departments. The 

total number of cases (old - 

from past years and new for 

year 2009) of children 

victims of violence upon 

which the social workers 

reacted was . 

 

 

TOTAL 

2009 

287 477 176 599 

1539 

2008 

254 490 190 668 

1602 

2007 

298 568 145 582 

1593 

2006 

288 587 147 720 

1742 

2005 

257 486 100 586 

1429 

0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% 

Psychological Physical Sexual Neglect 

 

As it is evident from the data the highest portion of violence against children is physical or 

neglect. Although this pattern is observed through all statistical sources it doesn’t 

necessarily mean that those types of violence are most widespread for the whole child 

population, for several reasons: 

a) Some social workers are tolerant to types of physical violence; 

91

) The initial signaling of sexual violence is extremely hard 

c) The social tolerance to some type of physical and psychological violence 

d) The fear of publicity both from children and parents 

 

The data from NSI shows that more children were victims of violence for each of the years 

covered by this research (2005-2009) compared to the data from SACP. One of the reasons 

is that NSI includes cases covered by the police and the court. Still both NSI and SACP do 

not have actual statistics on children from the age of 0 to 7. From the table above becomes 

clear that children from the age of 14 to 17 are a more vulnerable group in respect of 

violence. 

 

YEAR 

2009г. 

2008г. 

2007г. 

2006г. 

2005г. 

718 1291 

Children victims of violence NSI 

1029 1577 

955 1788 

1042 2167 

1155 1991 

0 500 1000 1500 2000 2500 3000 3500 

Number of victims 

8-13г. 

14.17г. 

 

TOTAL 

2009 

2606 

2743 

3209 

3146 

Both the data gathered 

from SACP and NSI shows 

relatively equal number 

of cases of sexual violence 

against children ( Graph 

4) and in both statistics 

its share is very small in 

comparison to the total 

number of cases. A closer 

look on the cases broken 

down by the type of 

sexual 

violence 

committed shows that for 

the examined period the 

average number of 

children victims of child 

pornography is 3 and the 

average number of those 

victims of traffic is 12. 

92

2009 

201 

2009 

2008 

200 

2606 

Year 

2007 

252 

2743 

2006 

267 

3209 

2005 

285 

3146 

0 500 1000 1500 2000 2500 3000 3500 

Num ber of victim s 

Sexual 

Total 

 

To have a relatively precise notion on the size of the sexual exploitation of children one 

should take into account its high latency. Expert on the subject estimate that the 

unregistered crimes of this type are not less than 2 times more because of different reasons 

among which vulnerability and insecurity, fear from the perpetrator, shame, not knowing 

where to seek help, guilt and others 

 

 

64 54 45 34 36 

21 15 22 24 13 

162 162 157 120 132 

 

31 24 18 9 16 

 

6 9 7 6 3 

1 3 3 7 1 

 

 

In the table above there is a detailed picture of the type of sexual violence committed 

toward children or young people for the researched time period. As it can be seen the 

largest portions are fornication and rape. According to the Bulgarian penal code the 

definition of fornication is - when someone attempts to appeal to or stimulate a sexual 

desire without sexual activity with a person under the age of 14. 

93

The NSI provides data on sexual crimes against minors since 2008 consequently it is hard 

to make any specific conclusions. Although several observations can be made- the most 

populated cities in Bulgaria are Sofia, Plovdiv, Varna, Burgas and Ruse and the data shows 

that the population does not necessarily correlate with the crime levels (against minors or 

otherwise). The most obvious cases are those of Pazardjik (around 80000 people) and 

Pleven (around 120000 people) which population is respectively 4 and 3 times lower than 

Plovdiv/Varna (around 350000 people). In terms of correlation between crimes as a total 

and crimes against minors- Dobritch, Kardgali, Pernik and Gabrovo have the highest 

percentage of crimes against minors compared to total crime convictions which is equal to 

the percentage of the most populated cities in Bulgaria. Across the researched period there 

are also two tendencies which on first look seem a bit contradictory. Since 2005 the crime 

convictions have increased with more than 50% while the registered crimes against 

minors have decreased with 50%. This might be contributed to the increased effectiveness 

of the institutions and the state mechanisms devoted to helping children in risk but it might 

also be that the effectiveness of the judiciary system in Bulgaria has increased. 

94

Looking at the data from 2001 to 2009 it can be concluded that there is a strong tendency 

of decline of the number of children in specialized institutions in Bulgaria. According to the 

data from SACP their number in 2005 was 9776 where as in 2009 it was 6730. One should 

also take into account that the institutions themselves are being reduced- around 30 have 

been closed for the past 5 years and the current number is 137. 

Currently SACP provides statistics on the number of cases of violence in specialized 

institutions as a whole. The statistic data is based on signals received in the offices of SACP. 

 

 

 

2001 2002 2003 2004 2005 2006 2007 2008 

11 34 59 50 50 16 24 37 

Most of the studies conducted on the sexual violence against children in specialized 

institutions are not government issued and the data is not definitive. Although all the 

researches made conclude that the problem of violence against those children (sexual and 

otherwise) is a wide spread one. 

For example a study in 2007, ordered by UNICEF and conducted by SAPI (Social activities 

and practices institute) made the following conclusions: 

Institutionalized children speak about violence in the schools where they study – 

other children stay away from them and do not even say hello, the cases of beatings 

between the two groups of children are not rare too. 

 

 

The level of violence from older to younger children in the institutions is also 

alarmingly high. Most often these are slaps, kicks and verbal insults. 

Violence perpetrated by educators is not registered too – children have been hit on 

the head with keys and journals, kicked and beaten. 

The impression is that violence is a basic tool for communication. 

The sexual violence in those institutions is currently believed to be mostly among the 

children themselves and very rarely conducted by the personnel. 

Another example are the findings from the survey of police officers and professionals 

working with children in government agencies and NGOs which outlines the trends 

concerning the extent of sexual abuse, victims in terms of age, ethnic and gender profiles; 

mechanisms of coercion and a profile of perpetrators. 

 

 

The penetration of crimes related to sexual exploitation of children is considerably 

higher than indicated by the police statistics. The study data give grounds to state 

that about half of the acts remain hidden. 

Latency is due to the peculiarities of the very crimes and the lack of reliable 

testimonies because of the early age of the victims, fear, shame, and dependency on 

the perpetrators, as well as to the weaknesses in the work of police and judicial 

system which lead to the disillusionment of citizens and reluctance to collaborate. 

The natural conclusion is that child protection system, as it stands now, is prone to 

reporting and dealing mostly with cases of domestic violence. The figures show that it 

remains almost powerless and ineffective, as far as the violence in school environment and 

95

at specialized institutions is concerned. Again, the reasons are probably due to the absence 

of rules and procedures for recording and reporting, as shown by the “Sensitivity of the 

system for identifying, recording and reporting cases of violence against children in 

Bulgaria” study. 

is not an adequately studied phenomenon. The studies 

dedicated to this issue have relatively small share in the total number of studies devoted to 

violence against children and often cover this problem only partially rather than 

extensively. Studies in this group use different definitions of sexual abuse and rely 

primarily on police statistics that account primarily for age and gender characteristics, not 

considering the history of the child, which may be associated with neglect in family 

environment or living in an institution. 

 

State agency for child protection (2009), “ 

 


 


 


 


 

State agency for child protection (2008 -2009), 

 

Daphne Bulgaria (2009), 

 

Institute for social activities and practices (2004), “ 

Dr. Neli Petrova- Dimitrova- Sofia 

Institute for social activities and practices (2010), 

 

Sofia 

National Statistical Institute (2005 -2009)- 

- Sofia 

http://www.nsi.bg/otrasal.php?otr=25&a1=931&a2=938&a3=942#cont 


- Sofia 



- Sofia 


National hot-line for children 

http://mail50.abv.bg/app/servlet/getdata?fid=10&mid=8853560312&eid=4&charset=UTF- 

8&ac=s&fn= 

96

- 

Signal 

received 

Department 

for child 

protection 

Family 

Police 

officer 

Judge, 

prosecutor 

on duty 

C 

R 

I 

S 

I 

S 

Social 

worker on 

duty 

Group for crisis 

intervention 

- budget 

- list of 

experts 

Doctor on 

duty 

Social 

serviceaccommodat 

ion during 

crisis 

Person on 

duty in the 

Municipality 

I 

N 

T 

E 

R 

V 

E 

N 

T 

I 

O 

N 

T 

E 

A 

M 

School 

97

- 

 

Today, 15 th of March 2010, in the city of Sofia, the current partnership agreement has been 

signed among: 

The Minister of Labour and Social Policy 

 

 

 

 

 

 

 

 

The Minister of Interior 

The Minister of Education, Youth and Science 

The Minister of Justice 

The Minister of Internal Affairs 

The Minister of Culture 

The Minister of Health 

The Chairperson of the National Agency for Child Protection 

The Executive Manager of the National Social Assistance Agency 

The Chairperson of the Board Committee of the National Municipal Union in Republic of 

Bulgaria 

The Parties, after having discussed the need for mutual partnership in the implementation of a 

 

which aim at regulating the concrete 

obligations for coordinated actions of the entities involved in cases of children at risk or victims 

of violence and in cases where crisis intervention is necessary, have agreed as follows: 

 

Article 1: The parties agree to cooperate in implementing the 

 

(further referred to as Mechanism for Coordination). In its 

implementation, the competent institutions – the executive authorities shall be guided by their 

statutory powers in the field of child protection and the principles of respect the best interests 

of the child, mutual exchange of information and support of the partners, a multidisciplinary 

approach at national and local levels, flexibility in taking decisions and setting long term goals, 

ethics in handling each concrete case in order to ensure an effective system for prevention and 

control in the observance of children’s rights. 

98

Article 2. The purposes of the partnership are: 

a) To pool resources and efforts among the Parties to ensure an effective system for 

cooperation in cases of children victims of violence or at risk of violence and in cases where 

crisis intervention is needed in order to ensure observance of the rights of the children; 

b) To reach an agreement on all purposes and aspect of the Mechanism for coordination; 

c) To clarify and structure the fundamental rights, obligations, procedures and approaches 

of the actors in the implementation of the Mechanism for coordination; 

d) To regulate the relations among the Parties in view of establishing multidisciplinary 

teams on a local level with the Social Welfare Directorate (Ch ild Protection Department) as 

their center, which include also representatives of the executive power involved in the 

 

 

 

 

Article 3, paragraph 1 The 

shall be 

included in the municipal programs for child protection. 

Para 2 The responsibilities stated in this Mechanism for coordination shall be included in the 

job specifications of the professionals who have been appointed as state employees or through 

labour-legal relations to the unit of the executive power officials who appear Child protection 

officials involved in the implementation of the terms of Article 6 of the Child Protection Law. 

Article 4. The Parties agree on improving the efficiency of the work of all state bodies involved 

in child protection processes on national and local levels and on adopting quick, adequate and 

coordinated actions for prevention of the risk for a child victim or at risk of violence and in the 

cases where crisis intervention is needed to decrease the negative effects for the child. The 

Parties agree on the mandatory establishment of local multidisciplinary teams that shall work 

together until a particular case is brought to an end. The system for inter-institutional care in 

special cases facilitates integrated, fast and efficient tracking of each case after a signal for a 

child victim or at risk of violence has been received and in cases where crisis intervention is 

needed which require action by other protection bodies at central and local levels and/or other 

partners that carry out: 

Point 4.1. Identification of the case and integration of concrete approaches to work and the 

active involvement of each person of the multidisciplinary team; 

Point 4.2. Group discussion of the case by the representatives of the state bodies for child 

protection involved and the suppliers of social services for children; 

Point 4.3. Definite measures for prevention of risk factors for children; 

Point 4.4. Assess the need of taking the child out of the family environment and his or hers 

accommodation in a crisis center where nowhere else is possible under the terms of the Child 

Protection Law; 

……. 

Point 4.6. Identification of appropriate services for the child to recover from the consequences 

and setting out opportunities for social integration, rehabilitation and reintegration of the child 

as means of protection under Article 23 of the Child Protection Law; 

99

Point 4.7. Develop a work plan for the child and a work plan for the family and/or the extended 

family as well as a work plan to monitor the case; 

…. 

Point 4.9. Coordination and introduction of concrete actions in cases of violence against the 

child of a mixed marriage and/or Bulgarian parents living abroad, or when the violations 

against the child are of a foreign political character. 

…………………..…. 

Article 8 

Point 8.1 Mandatory participants in the Mechanism for coordination 

Social Welfare Directorate (Child Protection Department) – a social worker who shall 

lead the multidisciplinary team and shall carry out the first assessment of the signal; 

 

 

A representative(s) of the Mayor, the Municipality or the Municipal region; 

A representative of the Regional Police Departments 

Point 8.2. Alternative participants in the Mechanism for Coordination 

Regional Centre for Health Care; the General Physician of the child; a representative 

from Emergency Medical Unit, etc; 

 

Art.11 The involved parties agree to develop additional rules for work which shall define 

operational issues for implementation of the Mechanism for coordination regarding the specific 

method for implementation of the activities by the representatives of the authorities for 

protection of children on local level, the mechanisms for disseminating and sharing information 

among them, the contact people and data on each side. As an authority for protection on local 

level, the mayor is obliged to take part in these additional agreements. 

Art.12 The cooperating parties involved agree that upon conclusion of the additional 

agreements (mentioned in the previous article) with the representatives of the authorities on 

local level, which do not have departments on duty on local levels, have to agree that in order to 

implement them they are obliged to open departments on duty which would work on “hot 

cases” in overtime, on holidays or weekends (personnel on duty: social worker available at 

SWD/CPD, personnel at the municipality administration, doctor etc.) 

Additional provisions 

Art.13 The current agreement shall be in force until circumstances occur which could lead to its 

change or cancellation. The Mechanism for coordination of cooperation in the work with 

children – victims or at risk of violence and for reciprocal actions in crisis intervention will be 

updated periodically. 

100

- 

 

Police, 

Person 

accountable 

Judge, 

Prosecutor 

Person 

receiving the 

signal- 

Up to 1 hour 

DCP 

Person 

accountable 

Inspection- up 

to 24h after 

the signal was 

received 

Sends a 

report, a 

copy of the 

received 

signal and 

makes an 

appointment 

for a team 

meeting 

Social 

service 

Person 

accountable 

Doctor 

Ministry 

of 

education 

Person 

accountable 

With the shortest 

delay possible- a 

group meeting of the 

multidisciplinary team 

/ lead by the person 

accountable from 

DCP/: Protocol 

Duties 

People in charge 

Deadlines 

Municipality 

Person accountable 

DCP- Department for child protection 

101

Prevention of and Fight Against Crime 2009 

With financial support from the Prevention of and Fight Against Crime Programme 

European Commission - Directorate-General Justice, Freedom and Security

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