Criminal Liability of Artists for Offences against Religious Feelings Cover Image

Criminal Liability of Artists for Offences against Religious Feelings
Criminal Liability of Artists for Offences against Religious Feelings

Author(s): Stanisław Dziwisz
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Towarzystwo Naukowe KUL & Katolicki Uniwersytet Lubelski Jana Pawła II
Keywords: offence against religious feelings; freedom of artistic expression; crimes against the freedom of conscience and religion; non-legal justification based on art

Summary/Abstract: The article focuses on the possibility of excluding criminal liability of artists for their conduct which bears the attributes of an offence against religious feelings and which is a manifestation of their artistic expression. The existing conceptions of a non-legal justification based on art are analysed. The article also deals with the importance of the right enjoyed by journalists to publish negative appraisals of creative, professional and public acts, and its impact on the assessment of the punishability of a conduct that insults religious feelings. Also, reference is made to the possibility of evoking a justification by the injured party’s consent in the case of an offence against religious feelings, especially in a situation when the victim comes into contact with the offensive content deliberately and voluntarily. The dogmatic considerations are supplemented with a presentation of court rulings that are relevant to the study.

  • Issue Year: 27/2017
  • Issue No: 1EV
  • Page Range: 7-21
  • Page Count: 15
  • Language: English