Poland's president asks constitutional court to review expanded hate crimes bill

Polish President Andrzej Duda sent a bill to the Constitutional Tribunal Thursday for review, seeking to expand on hate crimes provisions by adding sexual orientation, gender and other categories to the list of protected groups. The tribunal will consider whether the bill violates the constitutional right to free speech. The current Polish Penal Code includes Article 119 which prohibits hatred based on “the victim’s national, ethnic, racial, political or religious affiliation.” Any violence, threats or insults motivated by such traits is punishable by imprisonment for 3 months to 5 years. [ . . . ] In early March 2025, the parliament approved the bill and sent it to the president, who had the right to sign it, veto it or send it to the Constitutional Tribunal. On Thursday, Andrzej Duda said he had sent the bill to the tribunal to verify its compliance with the Constitution. Duda said he had sent the bill to the tribunal because of doubts that the new provision violated the freedom of expression guaranteed by the Constitution and could lead to its abuse and the creation of preventive censorship. He noted that the use of criminal law is justified only when other means of achieving the desired goal are insufficient, but “the drafters have failed to demonstrate that the existing safeguards are insufficient.”
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