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How does the Supreme Court interpret the concept of „abuse”?2026-06-09

ATTENTION – THIS IS AN AUTOMATIC TRANSLATION FROM POLISH

In its ruling of June 25, 2025 (ref. I KK 175/25), the Supreme Court reiterated the proper interpretation of the concept of „abuse” in the context of Article 207 § 1 of the Penal Code. The elements of this offense therefore involve intentionally inflicting physical or mental suffering by tormenting, torturing, or tormenting the injured party.

The case that formed the basis for this ruling concerned a man accused of abusing his wife for over a decade. The prosecutor’s office accused him of, among other things, insulting him, causing arguments under the influence of alcohol, destroying household items, and physical violence. Despite these serious accusations, the District Court in Nowa Sól acquitted the man, and the District Court in Zielona Góra upheld the verdict. The injured party’s attorney filed a cassation appeal with the Supreme Court, arguing that the lower courts had ignored the children’s testimony and expert opinions that supported the mother’s account.

However, the Supreme Court, presided over by Judge Eugeniusz Wildowicz, dismissed the appeal as manifestly unfounded. The justification indicated that the lower courts had correctly assessed the evidence gathered. The key argument was that the spouses’ relationship lacked a persistent advantage of the aggressor over the victim – both parties actively participated in the escalating conflict, displaying verbal aggression and causing distress to each other. It also noted that the accusations of abuse appeared only at the escalation of the divorce and property disputes, while previous police interventions did not confirm domestic violence. The court emphasized that the lack of precise timing of the violent incidents prevented them from being considered a process of systematic abuse. „The essence of the crime of abuse lies in the perpetrator’s qualitatively different behavior than simple insults or violations of the victim’s physical integrity. The determination of conduct causing psychological suffering as 'abuse’ should be based on an objective assessment, not the victim’s subjective experience,” the justification reads.

The key conclusion from the ruling’s thesis is therefore the requirement for an objective assessment of the situation. This means that being a victim of abuse is determined not solely by a person’s subjective sense of harm, but by the dispassionate assessment of an outside observer. This interpretation clearly distinguishes abuse from simple insults or violations of physical integrity, significantly raising the threshold for criminal liability, especially in complex family disputes.

Maintaining objectivity in abuse cases protects against the instrumental use of criminal provisions in marital disputes, where Article 207 of the Penal Code is sometimes used as a procedural tool. This decision reinforces the case law that a conviction for abuse requires hard evidence of abuse that goes beyond the scope of a mutual, even very severe, conflict between partners.