Criminality for defamation in Poland - the nature of the offense and the demands of de lege ferenda Cover Image

Karalność zniesławienia w Polsce – charakter przestępstwa oraz postulaty de lege ferenda
Criminality for defamation in Poland - the nature of the offense and the demands of de lege ferenda

Author(s): Jan Kluza
Subject(s): Criminal Law, Public Law, Penal Policy
Published by: Stowarzyszenie Mage.pl
Keywords: Poland; penal code; defamation;

Summary/Abstract: The crime of defamation is defined in article 212. Polish Penal Code., according to which it is forbidden to mock another person (institution or group of persons) for such behavior or qualities that may bruise him or impede the loss of confidence required by the profession or activity concerned. The very wide scope of this provision and the narrow justification of truth (Article 213) raise the debate on the need of this provision in the Penal Code. This especially applies to the penalisation of journalistic activities, because in the case of committing a mass offense, the criminal penalty also imposes an imprisonment penalty of up to 1 year. The article presents an analysis of the functioning of this crime in the Polish legal system and includes postulates of changing the wording of this provision so that its scope is limited to the minimum necessary.

  • Issue Year: 10/2017
  • Issue No: 2
  • Page Range: 46-58
  • Page Count: 13
  • Language: Polish
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