“Lex Doda” in the Penal Code? The government is relaxing the regulations on insulting religious feelings

The draft amendment to the Penal Code, providing for the removal of imprisonment from the catalog of penalties for the crime of insulting religious feelings, has been submitted for inter-ministerial consultations and public consultations, according to a statement from the Ministry of Justice on Monday.

The effect of Doda's fight in the courts

The Ministry emphasized that the changes proposed in the project were necessary in connection with the judgment of the European Court of Human Rights issued in 2022 in the case of Rabczewska v. Poland and are to “prevent the repetition of similar violations” as demonstrated in the case.

The current provisions of the Penal Code – which the Ministry of Justice proposes to amend – stipulate that whoever offends the religious feelings of other people by publicly insulting an object of religious worship or a place intended for the public performance of religious rites, shall be subject to a fine, restriction of liberty or imprisonment for up to 2 years.

In the draft amendment the ministry proposes to remove the last of the sanctions mentioned in the provision. As a result, the list of penalties for the crime of insulting religious feelings would include a fine and restriction of liberty.

The project “does not provide for the decriminalization of insults to religious feelings”

In Monday's announcement, the Ministry of Justice announced that the draft of these changes had been submitted for inter-ministerial consultations and public consultations. At the same time, it was indicated that the project “does not provide for the decriminalization of insulting religious feelings” and the removal of the penalty of imprisonment is intended to “prevent excessive repression and limit the risk of pre-trial arrest.”

“The changes do not provide for the complete repeal of the provision – the protection of freedom of conscience and religion requires maintaining specific penalization measures, but adapted to the requirements of proportionality and freedom of expression,” the Ministry of Justice emphasized.

The head of the Ministry of Justice, Waldemar Żurek, quoted in the statement, emphasized that Poland “absolutely does not give up the protection of religious feelings” and insulting faith will continue to be punished in accordance with applicable law. However, he pointed out that it was necessary to unify Polish law with European standards. “The changes we are introducing are a response to the judgment of the European Court of Human Rights, and not a political decision. It is only a correction of the catalog of penalties, so anyone who thinks that they can build religious hatred in Poland will be very wrong,” Żurek emphasized.

What was the Dorota Rabczewska case about?

This is about the judgment of the European Court of Human Rights of September 15, 2022 issued in the case of Rabczewska v. Poland. The verdict was based on the famous criminal case of the singer Doda a few years ago. In 2012, Dorota Rabczewska was legally sentenced to PLN 5,000. PLN fine for insulting the religious feelings of two people describing the authors of the Bible as “drunk with wine and smoking some herbs.”

The singer's complaints were brought to the Constitutional Tribunal and the ECtHR. In 2015, in connection with a constitutional complaint arising from that case, the Constitutional Tribunal ruled that imposing a fine for the crime of insulting religious feelings is consistent with the constitution. At the same time, however, he admitted that the possibility of punishing such an act with two years in prison may be perceived as “too painful.”

– In a democratic state of law, belonging to European culture, which is characterized by, among others, Values ​​such as tolerance and pluralism of worldviews, protection of the religious feelings of other people against insulting, insulting, public and intentional behavior towards an object of religious worship do not have to lead to the threat of imprisonment, in particular up to two years – said Andrzej Wróbel, judge of the Constitutional Tribunal then.

In turn, the ECtHR in 2022 found that Poland had violated Art. 10 of the Convention for the Protection of Human Rights and Fundamental Freedoms by violating the right to freedom of expression.

The Ministry of Justice emphasized in a statement that “the changes introduced are aimed at adapting Polish law to the requirements resulting from international jurisprudence, while maintaining appropriate protection of religious values ​​and public order.” “Poland consistently defends freedom of speech and counteracts hatred and discrimination, while implementing its obligations under human rights,” added the Ministry of Justice. (PAP)

nl/ rbk/