{"id":615,"date":"2025-04-14T22:52:33","date_gmt":"2025-04-14T20:52:33","guid":{"rendered":"https:\/\/ajlaw.pl\/nowe-wytyczne-prokuratora-generalnego-dotyczace-przestepstw-motywowanych-uprzedzeniami\/"},"modified":"2025-10-13T14:05:37","modified_gmt":"2025-10-13T12:05:37","slug":"nowe-wytyczne-prokuratora-generalnego-dotyczace-przestepstw-motywowanych-uprzedzeniami","status":"publish","type":"post","link":"https:\/\/ajlaw.pl\/en\/nowe-wytyczne-prokuratora-generalnego-dotyczace-przestepstw-motywowanych-uprzedzeniami\/","title":{"rendered":"New Guidelines of the Prosecutor General on Bias-Motivated Crimes"},"content":{"rendered":"\n

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.<\/strong><\/strong><\/p>\n\n\n\n

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:<\/strong><\/p>\n\n\n\n

www.gov.pl\/web\/prokuratura-krajowa\/wytyczne-prokuratora-generalnego-w-zakresie-prowadzenia-postepowan-o-przestepstwa-motywowane-uprzedzeniami<\/p>\n\n\n\n

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.<\/p>\n\n\n\n

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.<\/p>\n\n\n\n

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.<\/p>\n\n\n\n

The analysis of the perpetrator\u2019s 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\u2019s statements before, during, and after the act. The characteristics of the victims are also important\u2014especially 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.<\/p>\n\n\n\n

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.<\/p>\n\n\n\n

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.<\/p>\n\n\n\n

The new guidelines emphasize the necessity of:<\/p>\n\n\n\n