Propozycja nowelizacji art. 133 Kodeksu karnego

The draft amendment, which is the subject of the reviewed petition, contains an introduction to the indicated provision of the Criminal Code of a new type of a punishable act – the use of terms: Polish death camps, Polish concentration camps, Polish Holocaust, polnische Vernichtungslager, polniche Häuser des Todes and other terms contrary to facts. The author of the opinion claims that the petition cannot be considered justified due to juridical and systemic reasons, as it concerns the matter which is currently already legally regulated. Moreover, cases of falsifying history to the detriment of the State or the Polish Nation, which take place outside of the borders of the Republic of Poland, will remain beyond the sphere of the amendment’s normative influence because of the condition of a dual criminalisation (in Poland and abroad) according to Article 111 para. 1 of the Criminal Code.