Poland / I instance: District Court in Lodz / Ref.no. XVIII K 29/15 / II instance: Appellate Court in Lodz / Ref.no. II Aka 167/15

Country

Poland

Title

Poland / I instance: District Court in Lodz / Ref.no. XVIII K 29/15 / II instance: Appellate Court in Lodz / Ref.no. II Aka 167/15

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Year

2015

Decision/ruling/judgment date

Thursday, September 17, 2015

Incident(s) concerned/related

Violence

Related Bias motivation

Nationality

Groups affected

Migrants

Court/Body type

National Court

Court/Body

I instance: District Court in Lodz, II instance: Appellate Court in Lodz

Key facts of the case

On December 20, 2014 the accused entered the restaurant and used physical violence towards a Vietnamese citizen, working at this restaurant, due to his race. He threw a bottle toward his victim and destroyed five chairs, a table, and glass vessels as well as damaged the buffet. The case was reported to the police and perpetrator was accused under Article 119 § 1 of the Criminal Code.

Main reasoning/argumentation

The District Court established that the attack was motivated by the victim's nationality and therefore classified this act under Article 119 § 1 of the Criminal Code (physical violence motivated by victim's nationality, ethnic origin, race, political affiliation or religion). When attacking, the accused was verbally insulting the victim, shouting that he should return to his own country and threatening to kill him. The defender lodged an appeal, asking for the acquittal of the accused. The Appeallate Court upheld the verdict of the District Court.

Is the case related to the application of the Framework Decision on Racism and Xenophobia, the Racial Equality Directive?

Key issues (concepts, interpretations) clarified by the case

Results (sanctions, outcome) and key consequences or implications of the case

The accused was sentenced with 3 years and 4 months of imprisonment.

Key quotation in original language and its unofficial translation into English with reference details

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