Uwagi o znieważeniu pomników (na tle wybranych przypadków)
Comments concerning the profanation of monuments (a few remarks based on selected cases)

Summary/Abstract: This paper discusses chosen aspects of criminal law protection of monuments against profanation. In particular, it emphasizes the characteristics of the perpetrator’s action constituting profanation as a part of interpersonal communication. Furthermore, the paper presents a possible solution to the problem of a correct interpretation of the perpetrator’s behavior as profaning, taking into consideration constitutional values and the freedom of speech. The article also shortly discusses the issue of a legal interest protected by Article 261 of the Polish Criminal Code in the context of changes in social opinions as to the legitimacy of a particular commemoration of a given person. The results of theoretical deliberations are then applied to selected recent cases.

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