Ochrona wolności sumienia i wyznania w polskim Kodeksie Karnym
Protecting the freedom of conscience and religion in Polish penal law

Summary/Abstract: Guaranteed by international law and the Constitution of the Republic of Poland, freedom of conscience and religion is also protected by the regulations of Chapter XXIV of the Polish Penal Code (1997) entitled "Crimes against Freedom of Conscience and Religion". The Penal Code specifies three types of crime against the freedom of conscience and religion. These include: religious discrimination (Article 194), interfering with the performance of religious rites or burial (Article 195) and insulting religious feelings (Article 196). The selection of these cases as criminal offenses indicates that the legislature considered it to be a particularly drastic form of crime against the freedom of conscience and religion. Although the content of the articles of the Penal Code refers to the legal regulations, which were previously in force in Poland, their practical application faces a number of difficulties. The jurisdiction and comments help in solving any doubts of interpretation. In addition to fundamental analysis, it also relates to the most controversial issues, which are: the presence of religious symbols in public offices or the distinction between the crime of insulting religious feelings and artistic activities and freedom of speech. Recurrent public discussions on understanding the limits of religious freedom or the constituent elements of crimes against freedom of conscience and religion is definitely not caused by the imprecision of legal provisions, but rather as an ideological discourse.

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