Karnoprawna ochrona wolności religii - wybrane zagadnienia
Penal and legal protection of freedom of religion - selected aspects

Summary/Abstract: Freedom of religion is one of the fundamental human rights resulting from his dignity. It constitutes an objective, initial and crucial value in relation to the legislator. Freedom of religion cannot be provided by the State to anyone, however, the State can and should confirm it by recognizing it as the basis of rights and freedoms of every person. The basic scope of this freedom is subject to constitutional, international and that provided by internal law protection. Freedom of religion is also protected on the grounds of ultima ratio criminal law measures. The objective of this article is to present the concepts related to the scope and reasons for the criminalization of acts harmful to freedom of religion. The starting point constitutes considerations on the concept of freedom of religion as well as related terms, also in the context of legal interest. Autor revises the formal and factual reasons for the criminalization of acts harmful to the freedom in question as well as factors undermining the justification of such interference. Next, presented is the scope of penal and legal protection of freedom of conscience and religion with regard to evolutionary aspect. The subject in question is discussed from the perspective of basic rules and functions of penal law.

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