On March 26 of this year, the President of Poland received for signature an amendment to the Penal Code introducing significant changes to hate crime legislation. Under the new regulations, incitement to hatred based on characteristics such as disability, age, gender, or sexual orientation will also be punishable. This is an important step toward protecting social groups that may have previously been less protected under existing legal provisions.
At the same time, Prosecutor General Prof. Adam Bodnar, Ph.D., published detailed guidelines on conducting proceedings in cases of bias-motivated crimes. Here is the link to the Guidelines:
www.gov.pl/web/prokuratura-krajowa/wytyczne-prokuratora-generalnego-w-zakresie-prowadzenia-postepowan-o-przestepstwa-motywowane-uprzedzeniami
This document defines bias-motivated crimes as acts directed against individuals or their property, stemming from their actual or perceived affiliation with specific social groups. It indicates that characteristics such as race, nationality, language, religion, sexual orientation, gender identity, age, or physical or mental disability may serve as grounds for such actions.
The guidelines emphasize the exceptional harm caused by bias-motivated crimes. From an individual perspective, such acts negatively impact the mental health of victims, often leading to post-traumatic stress disorder, depression, or even suicidal thoughts. Moreover, these crimes destabilize the sense of security for individuals and entire communities, resulting in social exclusion and growing fears about the future of vulnerable groups. On a societal level, they reinforce prejudice, worsen the public image of vulnerable groups, and contribute to their dehumanization.
According to the guidelines, proceedings in cases of bias-motivated crimes should be conducted by specially designated prosecutors with appropriate substantive training. During victim interviews, particular care should be taken to respect their dignity and avoid actions that could lead to secondary victimization. An important element of these guidelines is also the use of preferred forms of address for transgender and non-binary individuals to ensure their comfort during the proceedings.
The analysis of the perpetrator’s motivation should take into account the broader context of the act, including symbols used during the crime, the location and timing of the incident, as well as the perpetrator’s statements before, during, and after the act. The characteristics of the victims are also important—especially individuals who are particularly visible within the community, such as minority group leaders. Additionally, the traits of the perpetrators should be considered, including potential links to radical organizations or previous instances of committing similar offenses.
Court proceedings concerning such matters should be conducted by the same prosecutors who handled the preparatory proceedings, in order to ensure continuity of actions and the effectiveness of prosecution. The guidelines emphasize that even in the form of an inquiry, every decision concluding the proceedings should be justified in a way that is understandable to people outside the legal community. If necessary, prosecutors should refer to the case law of the European Court of Human Rights and the Court of Justice of the European Union, as well as to international documents.
Bias-motivated crimes pose a particular challenge for the prosecution service, which must act in an organized and effective manner, ensuring protection for victims and supporting the development of a society free from discrimination and prejudice.
The new guidelines emphasize the necessity of:
- ensuring a high level of professionalism in conducted proceedings,
- respecting the dignity and rights of victims during criminal proceedings,
- eliminating instances of secondary victimization,
- drafting decisions with reasoning that is understandable to individuals without legal education,
- taking into account the case law of the European Court of Human Rights and the Court of Justice of the European Union,
- using modern technologies to detect and document hate crimes.
Practical changes in the conduct of proceedings:
The guidelines specify detailed rules for conducting procedural actions, including:
- precise documentation of the perpetrator’s actions and motives,
- application of standardized evidentiary standards,
- conducting proceedings in a way that minimizes the burden on victims,
- cooperation between the prosecution and social organizations,
- undertaking preventive measures aimed at preventing further crimes.
Additionally, prosecutors will be required to:
- informing social organizations that initiated preparatory proceedings about their discontinuation by sending a copy of the final decision,
- undertaking non-criminal actions, such as issuing warnings and notifications that may have a preventive effect on perpetrators and society,
- taking into account electronic evidence and modern technologies in the course of proceedings.
Strengthening prosecutors’ competencies:
One of the key elements of the new guidelines is the aim to increase the specialization of prosecutors in the area of bias-motivated crimes. To achieve this, the following measures are planned:
- regular training for designated prosecutors,
- cooperation with organizations involved in countering hate speech,
- development of a methodological handbook for prosecutors conducting proceedings.
The guidelines dated March 5, 2025, received a positive opinion from the National Council of Prosecutors at the Prosecutor General’s Office. This can therefore be seen as a step toward building a systemic strategy for combating hate crimes and hate speech.
If you have any questions regarding hate speech, have been harmed by such a crime, need related information, or if your personal rights have been violated, I am available at: adiskau@ajlaw.pl.