Polish Prosecutor’s Decision Not to Prosecute People Distributing Abortion Pills Overturned by Court

The Regional Court in Warsaw granted Ordo Iuris’ appeal and quashed the decision of the prosecutor of the Warsaw-Mokotów District Prosecutor’s Office refusing to initiate an investigation in the case of the so-called “ProAbo Couriers”. Those operate as part of the “Aborcja Polska Kurierki ProAbo” initiative, which specializes in the express delivery of early-abortion pills. The campaign is coordinated by the international organization Women on Waves, which lobbies for the so-called “right to abortion” in countries where it is illegal.

In connection with the activities of “Kurierek ProAbo,” the Ordo Iuris Institute reported the possible commission of an offense under Article 152 § 2 of the Penal Code (termination of pregnancy in violation of statutory provisions), Article 124 of the Pharmaceutical Law (placing a medicinal product on the market without authorization), and Article 125 § 2 point 2 of the Pharmaceutical Law (conducting business activity in the field of trade in medicinal products without authorization). Ordo Iuris lawyers pointed out that the first of the offenses is committed even if, in the end, the abortion does not take place. Under Polish law, this is punishable by up to 3 years in prison. The Polish Institute also emphasized in its notice that the substances present in the abortifacient products being distributed have not been approved for sale in Poland or are approved only for other uses. Supplying these tablets, therefore, constitutes the initial placing on the market of a medicinal product in the territory of Poland without the required authorization, which is punishable by a fine, restriction of liberty, or imprisonment for up to 2 years.

Ordo Iuris also argued that the activities of the so-called ProAbo Couriers constitute an organized, continuous, and for-profit business activity. Despite being described as a “donation,” receiving the tablets is contingent on making the donation in advance, which shows that payment is required. No individuals or organizational structures linked to the “ProAbo Couriers” are listed in Poland’s National Register of Manufacturers, Importers, and Distributors of Active Substances, nor do they hold the requisite permits. The offense under this provision is punishable by imprisonment for a term of 3 months to 5 years.

However, the Warsaw-Mokotów District Prosecutor’s Office declined to open an investigation, so the Ordo Institute filed an appeal with the Warsaw Regional Court. The court allowed the complaint and overturned the prosecutor’s decision. The case file must now be returned to the prosecutor’s office, which must gather and critically analyze the evidence; only then can a decision be made on how the investigation will proceed.

See also:

• Polish Prosecutors Must Pursue Charges Against Abortion “Clinic,” Judge Rules