
This study presents the assumptions for and the interpretation of the revised concept of the crime of rape in the Criminal Code following the amendments that came into force on 12 February 2025. Due to the overly narrow interpretation of the element of violence, which was preferred in judicial practice under Article 197(1) of the Criminal Code, the legislator explicitly stipulated that any act of compelling another person to engage in sexual intercourse or any other sexual activity in the absence of their consent constitutes a criminal offence. Criminal liability for rape of individuals capable of self-determination in sexual activity (as regulated under Article 197(1) of the Criminal Code) has been equated with exploitation of persons in a mental state that precludes such capacity.
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