Abstract

The article examines the conflict between legal obligations and professional ethics in the work of psychotherapists and coaches in the context of Article 240 of the Polish Penal Code (PCC), which mandates reporting credible information about certain crimes, including sexual abuse, regardless of client consent or confidentiality norms.

THE RESEARCH PROBLEM AND METHODS: The key issue is the obligation to report suspected abuse even if such information was obtained in a confidential therapeutic or coaching setting. This creates tension with ethical codes that prioritize client trust, confidentiality, and autonomy. The study uses critical analysis of legal and ethical texts, dogmatic-legal approach along with a case study.

THE PROCESS OF ARGUMENTATION: The article begins with analysing Article 240 PCC and the scope of its application. Then it explores the ethical dilemmas practitioners face when dealing with disclosure of abuse. Through a case study, it examines three interrelated aspects: trust between client and practitioner, credibility of testimony, and reliability of memories. The article provides guidance for coaches and psychotherapists on how to navigate these complex situations, emphasizing the need to assess the credibility of disclosures, especially when made during ongoing therapy or coaching processes.

RESEARCH RESULTS: The findings suggest that not all disclosures should be treated as triggering a legal duty to report under Article 240 PCC. Credibility of the information, context of disclosure, and corroborating evidence should influence whether a report is warranted.

CONCLUSIONS, INNOVATIONS, AND RECOMMENDATIONS: Applying Article 240 PCC mechanically to therapists and coaches is problematic. The article proposes legislative reform to protect clients’ welfare and autonomy. It also introduces innovative use of epistemological models of trust and testimony credibility in psychotherapeutic and coaching contexts, where such concepts are often applied intuitively rather than systematically.