Hate Speech – Prosecution and Prevention Strategies Cover Image

Mowa nienawiści – ściganie i strategie zapobiegania
Hate Speech – Prosecution and Prevention Strategies

Author(s): Łukasz Cora
Subject(s): Criminal Law
Published by: Polska Akademia Umiejętności / Krakowski Instytut Prawa Karnego Fundacja
Keywords: criminal law; hate speech; victim; prosecution; discrimination; prejudice

Summary/Abstract: The article aims to present strategies and preventive and prosecutorial actions with regard to hate crime. It analyzes prevention strategies and mechanisms and formulates recommendations concerning educational campaigns and social action. The analysis leads to the conclusion that, under the current legal framework, the provisions of the Penal Code (Articles 119, 256 and 257) do not guarantee sufficient protection. Hence the recommendation to expand the catalogue of protected characteristics to include disability, age, sex, sexual orientation and gender identity. From the perspective of state criminal policy, it is noted that prejudice, hatred and aggression motivated by hostility, animosity and bias, as well as fear of otherness, require education, strategies, policies and support programs, and the strengthening of cultural competence. The article also highlights the need to clarify the concept of hate-motivated crimes and to typify them in a separate chapter of the Penal Code. Finally, it offers a positive assessment of the direction of the proposed amendments, although in light of changing social relations, retaining an open catalogue of protected characteristics could also be considered.

  • Issue Year: 30/2026
  • Issue No: 3
  • Page Range: 281-299
  • Page Count: 19
  • Language: Polish
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