Hate crime – legal response in Poland and its European inspirations Kuba Sękowski chief specialist, European Criminal Law Unit, Criminal Law Department.

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Presentation transcript:

Hate crime – legal response in Poland and its European inspirations Kuba Sękowski chief specialist, European Criminal Law Unit, Criminal Law Department

Hate crime – European perspective I common lessons learned from history different traditions and different traditions and social determinants different grounds of bias/prejudice/hostility various concepts of intervention against discrimination and hate crime anti-discrimination clauses criminal law as a ultima ratio criminal law as a ultima ratio of regulating social relations

Hate crime – European perspective II criminal justice as a domain of state action protection of national traditions and legal systems conservatism of the legal profession independence of the judicial branch perception of changes as imposed by the EU

Limited scope of criminal-law regulations domain of shared competence (Art. 2(2) TFEU) principle of subsidiarity (Art. 5(3) TEU) establishment of: minimum rules in the field of procedural law (Art 82(2) TFEU) substantive law only in areas of particularly serious crime (Art. 83(1) TFEU) rationale for action at EU level aproximation of substantive or procedural law

Enhancement of response to hate crime in Poland emphasizing the legal framework new regulations dialogue with ECRI jurisprudence (role of CJEU and ECHR) practical measures General Prosecutor’s instructions for prosecutors appointment of district prosecutors „specialized” in hate crime training of Police officers on cooperation with LGBT persons

PL – changes in legal framework Framework Decision 2008/913/JHA of 28 November 2008 on combating certain forms and expressions of racism and xenophobia by means of criminal law – fully implemented Act on proection and support for victime and witness of a crime – new implementing Directive 2012/29/EU of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JH

PL – changes in jurisprudence Gender reassignment cumbersome procedure of civil action to accordingly correct a birth certificate proposal for a new law Legal status of partners in same-sex partnerships from diverse case-law to a clear line of jurisprudence role of the ECHR judgements

PL – practical measures to combat hate crime General Prosecutor’s guidelines for prosecutors on: hate crime (including hate speach) assistance to victims to identify offenders in „internet cases” appointment of district prosecutors „specialized” in hate crime training of Police officers on cooperation with LGBT persons

Future of european regulations Areas of action: discrimination at the labour market discrimination in other areas (policies) –anti-discrimination clauses –same-sex partnerships status issues homophobia, violence and hate crimes –safeguarding procedural rights of vonurable groups –tackling on-line crime