Uwagi o znieważeniu pomników (na tle wybranych przypadków)
This paper discusses chosen aspects of criminal law protection of monuments against profanation. In particular, it emphasizes the characteristics of the perpetrator’s action constituting profanation as a part of interpersonal communication. Furthermore, the paper presents a possible solution to the problem of a correct interpretation of the perpetrator’s behavior as profaning, taking into consideration constitutional values and the freedom of speech. The article also shortly discusses the issue of a legal interest protected by Article 261 of the Polish Criminal Code in the context of changes in social opinions as to the legitimacy of a particular commemoration of a given person. The results of theoretical deliberations are then applied to selected recent cases.
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