Hate crime legislation in Poland

Criminal Code of Poland (1977, as amended December 2022)

(Unofficial translation, emphasis added)

Excerpts related to Hate crimes

Art. 53 [aggravating circumstances]

§ 2a. Aggravating circumstances include in particular:

6) committing a crime motivated by hatred due to the victim's national, ethnic, racial, political or religious affiliation or because of his lack of religious denomination;

Art. 119.  [racist or xenophobic violence or threats]

§ 1. Whoever uses violence or makes unlawful threat towards a group of people or a particular person because of their national, ethnic, racial, political or religious affiliation, or because of their lack of religious beliefs, shall be subject to the penalty of the deprivation of liberty for a term of between 3 months and 5 years.

Art. 198. [disablist sexual abuse]

Whoever, using the helplessness of another person or their lack of ability to recognize the meaning of the act or manage their behaviour resulting from their mental retardation or mental illness, leads him to sexual intercourse or to submit to another sexual act or to perform such acts, shall be punished by deprivation of liberty from 6 months to 8 years.

Art. 207. [disablist torments, ill-treatment or bullying]

§ 1a. Whoever either physically or psychologically torments a person helpless because of their age, mental or physical condition, shall be punished by imprisonment of 6 months to 8 years.

§ 2. If the act specified in § 1 or § 1a is committed with a particular cruelty, the perpetrator shall be punished by imprisonment from one to 10 years.

§ 3. If the act specified in § 1-2 results in a suicide attempt by the victim, the perpetrator shall be punished by imprisonment from 2 to 15 years.

Art. 257. [racist or xenophobic breach of personal inviolability]

§ 1. Whoever publicly insults a group within the population or a particular person because of his national, ethnic, race or religious affiliation or because of his lack of any religious denomination or for these reasons breaches the personal inviolability of another individual shall be subject to the penalty of deprivation of liberty for up to 3 years.

Excerpts related to Hate speech offences

Art. 126a. [public incitement to a specific crime]

Anyone who publicly incites others to commit an act specified in Articles 118, 118a, 119 § 1, or Articles 120-125, or who publicly commends the criminal acts specified in these regulations, is liable to imprisonment from three months to five years.