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Poland Appeal Court of Katowice (Sąd Apelacyjny w Katowicach) 2021 Poland / Court of Appeal of Katowice / Judgement of 8 July 2021, case no. II AKa 119/21 Nationality Third country nationals While in a pub, the defendant addressed a group Turkish citizens with vulgar words and told them to leave Poland, and immediately afterwards hit one of them on the head with his fist and got into a scuffle with another one. The whole incident had a racist background, as evidenced by the words he said to foreigners about leaving the country and his use of words referring to their non-Polish nationality. The defendant was sentenced by the first instance court for the use of force because of… View more
Poland Appeal Court of Warsaw (Sąd Apelacyjny w Warszawie) 2022 Poland / Court of Appeal of Warsaw / Judgement of 12 January 2022, case no. II AKa 33/21 Nationality Third country nationals The defendant used violence and unlawful threats against a citizen of an Arabic country on the grounds of his national, racial and ethnic origin, by punching him in the face with his fist and threatening him with death while displaying a tattoo containing, inter alia, the image of a swastika, acting in public. The first instance court acquitted the defendant of this charge. The judgement was appealed against by the public prosecutor and the victim's attorney. View more
Poland Appeal Court of Warsaw (Sąd Apelacyjny w Warszawie) 2021 Poland / Court of Appeal of Warsaw / Judgement of 14 January 2021, case no. II AKa 104/20 Nationality Third country nationals The defendant was accused of having insulted publicly his Chechen neighbour, several times, due to her national and religious affiliation, and consequently was sentenced by the first instance court. He filed an appeal against the judgement, claiming (among others) that - since the act had taken place in backyard of the house - the insult was not made publicly. View more
Poland Appellate Court in Gdansk 2018 Poland / Appellate Court in Gdansk / II AKa 192/18 Nationality, Migrant status Migrants The defendants (K.S. And M.T.) were accused of insulting and attacking citizens of Turkey because of their race and ethnicity. The defendants have mistaken Turkish exchange students for Syrian refugees. The Regional Court in Slupsk (court of the I instance) found them guilty however it did not qualify the crime as a "hate crime". The court of the II instance repealed the verdict and ordered to re-consider the case taking into account the racial background of the crime. View more
Poland Appellate Court in Szczecin 2018 Poland / Appellate Court in Szczecin / II AKa 166/18 Nationality, Migrant status, Race/Ethnicity Migrants, Black people or of African origin The defendant (P.D.) was accused of the public insult and the use of violence against a citizen of the United Kingdom because of his ethnicity and race. The insults used by the defendant undoubtedly pointed to the race of the victim by referring to the darker colour of his skin. The Regional Court in Szczecin found defendant guilty and sentenced him to 2 years of imprisonment and obliged him to pay 7.000 PLN to the victim as a compensation. The victim's legal counsel requested the court of… View more
Poland Constitutional Tribunal 2014 Poland / Constitutional Tribunal / SK 65/12 / Framework Decision on Racism (2008/913/JHA) or of the Racial Equality Directive (2000/43/EC) Race/Ethnicity, Nationality, Race/Ethnicity, Religion Muslims, Migrants, Refugees & asylum seekers, EU citizens & nationals with migrant background, Third country nationals, Foreigners, Black people or of African origin, Other religious groups The applicant, B.R., submitted a motion to the Constitutional Tribunal claiming that Article 256 of the Criminal code, in some of its provisions, violates the Constitution. Article 256 of the Criminal code prohibits incitement to hatred on the grounds of racial, national and ethnic origin, religion or lack of belief. Furthermore, Article 256 of the Criminal code prohibits praising Nazi, communist or any other totalitarian system. In the opinion of the applicant those provisions (‘incitement to… View more
Poland Court of Appeals in Lublin 2019 Poland / Court of Appeals/IIAKa 198/19 Religion Muslims The defendants were found guilty by the District Court in Radom of using physical violence and unlawfully threatening of burning down the restaurant run by people of Pakistani origin, and verbally insulting them because of their national and religious affiliation as well as violating their physical integrity. One of the perpetrators was sentenced to a 1 year of imprisonment suspended for a probationary period of 2 years and a fine, as well as an obligation to repair the damage and a ban on… View more
Poland Court of Appeals in Wrocław 2019 Poland / Court of Appeals/IIAKa 196/19 Religion Muslims The accused was found guilty of posting a comment on the Internet inciting violence against people because of their race and against Muslims. The District Court in Wrocław sentenced the defendant to 8 months of restriction of liberty, obliging him to perform unpaid work for social purposes for 30 hours a month. The defendant appealed against the above judgment, pointing out, inter alia, that the smiley emoticon used by him in the comment indicated that the comment could not be treated as a… View more
Poland District Court for Szczecin-Centrum in Szczecin 2018 Poland / District Court for Szczecin-Centrum in Szczecin / V K 24/18 Religion, Race/Ethnicity Muslims The defendant was accused of insulting a group of people of Arab origin and Muslims because of their ethnic and religious background by placing vulgar inscriptions on the facade of the building. View more
Poland District Court in Szczecin 2017 Poland / District Court in Szczecin / II K 1234/16 Religion, Nationality Muslims The case concerns incitement to hatred towards followers of Islam. The defendant (P.M.) was accused of hate speech towards Muslims during the anti-immigrant demonstration organized by the National and Radical Camp. He initiated the Islamophobic shouting calling for hatred against other religions and together with the crowd he chanted this shout. View more
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