On reviewing consistency with the Constitution of the Republic of Poland of the amendment to the act on the Institute of National Remembrance — Commission for the Prosecution of Crimes Against the Polish Nation, in particular the added Article 55a Cover Image

W sprawie oceny zgodności z Konstytucją RP nowelizacji ustawy o Instytucie Pamięci Narodowej — Komisji Ścigania Zbrodni przeciwko Narodowi Polskiemu, w szczególności dodanego art. 55a
On reviewing consistency with the Constitution of the Republic of Poland of the amendment to the act on the Institute of National Remembrance — Commission for the Prosecution of Crimes Against the Polish Nation, in particular the added Article 55a

Author(s): Katarzyna Kaczmarczyk-Kłak
Subject(s): Law, Constitution, Jurisprudence
Published by: Kancelaria Sejmu
Keywords: Article 55a of the act on the Institute of National Remembrance — Commission for the Prosecution of Crimes Against the Polish Nation; nullum crimen sine lege principle; the principle of proportionalit

Summary/Abstract: The opinion concerns the evaluation of consistency with the Constitution of the Republic of Poland of 2 April 1997 of Article 55a of the Act of 26 January 2018 on the Institute of National Remembrance — Commission for the Prosecution of Crimes Against the Polish Nation. In the author’s opinion, the discussed provision establishes the protection of honour and dignity of the Polish Nation and the Polish State from attacks in the form of assigning — publicly and contrary to the facts — responsibility or co-responsibility for the crimes specifi ed in paragraph 1 of the discussed article, or blatantly belittling the responsibility of the actual perpetrators. However, no such crime is committed by a person committing such an act in his/her scientifi c or artistic activity.

  • Issue Year: 2018
  • Issue No: 3
  • Page Range: 168-178
  • Page Count: 11
  • Language: Polish