Ineffective grooming : commentary on judgment of the Supreme Court - Criminal Chamber of 23 July 2020, III KK 281/19

In the commented judgment, the Supreme Court stated that ineffective grooming, as described in Article 200a(2) of the Polish Criminal Code, in a situation where the perpetrator establishes contact with an adult person in the mistaken belief that this person is a minor under the age of 15, is a punishable act. The view of the Supreme Court is criticized in the commentary, with references to the achievements of criminal law scholarship and case law. Fulfilment of all features of the prohibited act specifi ed in Article 200a(1) or (2) of the Criminal Code is the basic condition for criminal responsibility for grooming. The Criminal Code does not provide for responsibility for ineffective grooming or the legal construction of ‘atempted grooming’.