Mowa nienawiści w wybranych orzeczeniach niemieckich sądów w kontekście wybranych orzeczeń polskich sądów
Hate speech in selected rulings of German courts in the context of selected rulings of Polish courts
Author(s): Krystyna PatoraSubject(s): Law, Constitution, Jurisprudence, Criminal Law
Published by: Wydawnictwo Uniwersytetu Śląskiego
Keywords: hate speech; incitement to popular hatred; refugees; asylum; Jew; anti-vaccinationists; Islamophobe;
Summary/Abstract: The article focuses on selected rulings of German courts that deal with behaviourdefined in the German Criminal Code as the crime of incitement to popular hatred.The purpose of this article is to present how courts have assessed specific statementsfrom the point of view of the occurrence of prohibited acts characteristics in hate speech.The article presents the facts and legal evaluation of the behaviour to indicate whichbehaviors fulfill the characteristics of the criminal act of inciting to popular hatred underGerman laws.Also selected rulings of Polish courts, which relate to the interpretation of the characteristicsof the hate speech crime, are taken into consideration. The author has selectedsome rulings of Polish courts, which are thematically similar to the rulings of Germancourts. In conclusion, the author has pointed out the differences between the characteristicsof criminal acts in German laws and Polish laws, and thus a different approach of twojudicial systems to some specifically indicated contents.
Journal: Problemy Prawa Karnego
- Issue Year: 8/2024
- Issue No: 1
- Page Range: 1-39
- Page Count: 39
- Language: Polish
