Hate Crimes in Poland: Racial and Xenophobic Violence

A hate crime in Poland is a criminal act motivated wholly or partly by hostility towards a person or group because of protected characteristics, particularly nationality, ethnicity, race, religion or lack of religious affiliation. Polish criminal law does not contain one separate statutory definition of “hate crime”, but criminal provisions addressing racial violence, xenophobic attacks and hate speech apply to specific conduct and motives.[1]

For businesses, foreign nationals and minority communities, the legal classification of an incident matters. A verbal insult, online publication, threat, assault or coordinated campaign against employees may trigger different criminal procedures, evidence requirements and penalties. Early action can protect personal safety, preserve evidence and limit reputational damage.

Hate crime Poland: the principal criminal-law provisions

The Polish Criminal Code contains several provisions relevant to racial violence and xenophobic conduct. The facts of each case determine which provision applies. More than one offence may be considered where, for example, an online hate campaign is followed by threats or physical violence.

Violence or unlawful threats motivated by prejudice

Article 119(1) of the Criminal Code covers the use of violence or an unlawful threat against a group of persons or an individual because of national, ethnic, racial, political or religious affiliation, or because of a lack of religious affiliation. The statutory penalty is imprisonment from three months to five years.[1]

This provision may apply to a xenophobic attack against a foreign employee, threats directed at a family because of ethnic origin, or violence against a person because of their religion. The prosecution must establish both the prohibited act and the relevant motivation. The motive does not need to be the only reason for the conduct, but it must be linked to the protected characteristic.

Public incitement to hatred and promotion of totalitarian systems

Article 256(1) criminalises public promotion of a fascist or other totalitarian state system and public incitement to hatred based on national, ethnic, racial or religious differences, or lack of religious affiliation. The maximum penalty is imprisonment for up to three years.[1]

The requirement of public conduct is significant. A statement made online, at a public gathering, in a workplace communication channel open to a broad group, or in material distributed to the public can satisfy this element. A private exchange may still lead to liability under other provisions, but Article 256 requires public dissemination or expression.

Article 256 also concerns the production, recording, import, acquisition, storage, possession, presentation, transport or transfer of material containing fascist, communist or other totalitarian symbols where the purpose is dissemination. The provision includes a statutory exclusion for conduct undertaken as part of artistic, educational, collecting or scientific activity, but that exclusion applies only within the scope defined in Article 256(3).[1]

Public insult or violation of bodily integrity

Article 257 applies when a person publicly insults a group or an individual because of national, ethnic, racial or religious affiliation, or lack of religious affiliation. It also applies to violation of bodily integrity for those reasons. The maximum penalty is imprisonment for up to three years.[1]

A racial insult in a public place, the targeting of a person on public transport because of nationality, or spitting on an individual while using xenophobic language may fall within Article 257. Whether language reaches the threshold of a criminal insult depends on its context, content, audience and connection with a protected characteristic.

Racial violence and xenophobic attacks: what evidence is relevant?

Evidence of prejudice motivation is often decisive in a hate crime case. It may be direct, such as racial slurs shouted during an assault, or indirect, such as the selection of a victim, repeated hostile communications or links to extremist content.

Useful evidence may include:

• screenshots, links and downloaded copies of online posts or messages;
• video recordings from phones, CCTV systems or public transport;
• medical documentation and photographs of injuries;
• witness names and contact details;
• records of prior threats, harassment or workplace incidents;
• information identifying the date, time, location and persons present.

Digital evidence should be preserved quickly. Content may be deleted, accounts may be removed, and platform data may be retained for limited periods. Screenshots should show the account name, date, URL and full context where possible. Altered or selectively presented materials can weaken evidential value.

Reporting a hate speech crime in Poland

Reports may be submitted to the Police or the public prosecutor. Under Article 10(1) of the Code of Criminal Procedure, authorities are generally required to initiate and conduct proceedings where there is a justified suspicion that an offence prosecuted ex officio has been committed.[2] Offences under Articles 119, 256 and 257 of the Criminal Code are ordinarily prosecuted ex officio.

The report does not need to contain a final legal classification. Its purpose is to describe the events accurately, identify available evidence and explain why racial, national, ethnic or religious hostility may have motivated the conduct. A victim may act as an injured party in criminal proceedings within the meaning of Article 49 of the Code of Criminal Procedure.[2]

Foreign nationals can report an offence in Poland regardless of citizenship or residence status. Language barriers should be raised immediately. In appropriate circumstances, an interpreter may be required to ensure effective participation in procedural actions.

Business risks arising from xenophobic conduct

A xenophobic attack involving staff, customers or contractors can create risks beyond criminal liability for the individual offender. Employers may need to investigate whether there was harassment, discrimination, inadequate workplace protection or failures in internal reporting procedures. The assessment depends on the employment relationship, the place of the incident and the employer’s knowledge of earlier warning signs.

For organisations operating internationally, a public hate speech incident can also affect recruitment, client relations and investor confidence. An internal response should therefore distinguish between confirmed facts, witness accounts and unverified allegations. Premature public statements may complicate criminal proceedings and create separate personal-rights or defamation risks.

Defence considerations in hate crime allegations

An allegation of a hate speech crime or racial violence does not automatically establish criminal liability. The prosecution must prove all statutory elements, including the public nature of conduct where required and the connection between the act and a protected characteristic. Context, intent, wording, audience, evidence integrity and the credibility of witnesses may be material.

Freedom of expression is protected under Article 54 of the Constitution of the Republic of Poland, but it does not exclude liability for conduct meeting the statutory elements of incitement to hatred or public insult.[3] Courts must balance constitutional freedoms against protection from violence, discrimination and hate-based abuse.

This is informational material, not legal advice. Each case requires an assessment of the facts, available evidence and procedural stage.

A criminal matter involving racial or xenophobic violence, as well as criminal matters concerning sexual offences, may require a prompt legal assessment. Contact Kopeć & Zaborowski (KKZ) to discuss the situation, obtain an assessment of possible steps and speak with a criminal lawyer.

FAQ – Hate Crimes in Poland: Racial and Xenophobic Violence

Is hate crime a separate offence in Poland?

No. Polish law does not provide one universal offence titled “hate crime”. Racially or xenophobically motivated conduct may be prosecuted under Articles 119, 256 or 257 of the Criminal Code, depending on the facts.

What is the penalty for a xenophobic attack in Poland?

Violence or an unlawful threat motivated by nationality, ethnicity, race, religion or lack of religion may be punishable under Article 119(1) by imprisonment from three months to five years.[1]

Is online racist content a hate speech crime in Poland?

It may be. Public online content that incites hatred on national, ethnic, racial or religious grounds may fall under Article 256. Public racist insults directed at a person or group may also be assessed under Article 257.[1]

Can a foreign national report racial violence to the Polish Police?

Yes. A foreign national may report an offence to the Police or prosecutor’s office. The report should contain the facts, available evidence and any information indicating a prejudice motive.

Does an offensive statement always amount to a criminal hate speech offence?

No. Criminal liability depends on statutory requirements, including the content, context, public nature of the statement and the connection with a protected characteristic. Not every offensive or controversial statement meets the criminal threshold.

What should an employer do after a racist incident involving an employee?

The employer should secure evidence, protect affected persons, assess internal reporting and employment-law duties, and avoid treating unverified allegations as established facts. Where criminal conduct is suspected, reporting to law-enforcement authorities should be considered.

Bibliography

[1] Act of 6 June 1997 – Criminal Code (Kodeks karny), in particular Articles 119, 256 and 257, consolidated text available through the Internet System of Legal Acts (ISAP).

[2] Act of 6 June 1997 – Code of Criminal Procedure (Kodeks postępowania karnego), in particular Articles 10 and 49, consolidated text available through ISAP.

[3] Constitution of the Republic of Poland of 2 April 1997, in particular Article 54, available through ISAP.

[4] Council Framework Decision 2008/913/JHA of 28 November 2008 on combating certain forms and expressions of racism and xenophobia by means of criminal law.

[5] OSCE Office for Democratic Institutions and Human Rights, Hate Crime Report: Poland, country reporting materials available at hatecrime.osce.org.