Ocena propozycji dodania art. 27a kk

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The presented article concerns an extremely important and difficult issue, especially in the practice of applying national law. This is due to the fact that the right to express one’s beliefs in public and resulting from the professed religion has not been the subject of interest of the national legislator in the penal act so far. Meanwhile, it is of wide interest in the practical application of the human rights system. When analyzing the achievements of international tribunals and the Polish Constitutional Tribunal, the actual place of the proposed change should be assessed. The legislator, rationalizing legal provisions, should directly introduce norms implementing the constitutional standard of international protection of human rights within a given legal system. Introduction of Art. 27a to the Penal Code, together with the negative element added to it, is the implementation of the postulates resulting from the achievements of international tribunals. It is precisely protection against religious aggression that justifies stronger state activity. Poland became a front-line state in a hybrid war. With over 3 million refugees from Ukraine, most of them non-Catholic, it is obvious that they will be the target of attacks from outside. It is clear that there may be physical or similar religious attacks on a national basis. It is impossible not to notice that there are current threats from the outside, so the legislator is even obliged to counteract them.