Scandalous project! 3 years in prison for “critical” LGBT environment!
date:13 April 2024 Editor: Anna
Justice Minister Adam Bodnar prepared a bill to amend the Criminal Code. It's about punishing the alleged LGBT discrimination.
The nature of the changes proposed by Donald Tusk's government was reported by Mr Bartosz Lewandowski of the Ordo Iuris Institute. As he pointed out, from the formal side of the change there are 2 issues. First, it is an extension of the catalogue of aggravating circumstances which the court takes into account erstwhile administering the defendant's conviction (Article 53 § 2a of the KK). Secondly, the changes mention to the extension of criminal liability for alleged discrimination (Article 119 of the KK), "revocation to hatred" (Article 256(1) of the KK), "insulting a population group or a person" (Article 257 of the KK).

As a result, the D.A. will gotta prosecute verbal “attack” for reasons specified as:
– disability (so-called phobia towards the disabled);
– age (the alleged age bias);
– sex (mizoandria towards men, misogynia towards women);
– sexual orientation (so-called homophobia);
– sex identity (so-called transphobia).
Interestingly, if it is established that the motivation of the ‘perpetrator’ was something from the above catalogue, the court will be obliged to treat this as an aggravating circumstance.
Punishments are not small, due to the fact that for calling to “hate” he threatens up to 3 years in prison.
Mec. Bartosz Lewandowski pointed out that the proposed provisions seem inconsistent. On the 1 hand, they implement the left-wing agenda by talking about homo- and transphobia. On the another hand, they point to the anticipation of discrimination or verbal “attacks” based on sex, which suggests gender... biological. If so, it is not known why sex identity is referred to further. However, if it were the social sex (the alleged gender) it would be an unconstitutional provision, due to the fact that we do not have adequate to specify the content of this provision.
However, Minister Adam Bodnar's proposals go even further. For it is proposed that criminal liability be imposed on those who apply the “unlawful threat”. specified a threat is defined as follows:
‘The illegal threat is both the threat referred to in Article 190 [i.e. the threat of harm, for example, to B.L]’, but also: ‘the threat of causing criminal proceedings or another proceedings in which an administrative punishment may be imposed, as well as the spread of an insulting message of worship or of its nearest person’ (Article 115 § 12 of the KK).
And that means... it's criminal to endanger to initiate proceedings against the alleged victim.
According to Advocate Bartosz Lewandowski, the changes that Donald Tusk's government wants to introduce will have very concrete consequences.
For example, the message that “a man is simply a pig” will be punishable by Article 257 KK. The message that «queer preschoolers should be curious in law enforcement» will be punishable by Article 119 of the KK. A message that you can only be a man or a female will be punishable by Article 256(1) KK. It will be the same with the refusal to usage pronouns incompatible with the wishes of the recipient of the statements (so-called misgenderenig). The designation that “transsexuality is simply a intellectual disorder” will be punishable by the same paragraph. The same applies to the expression that “old people should not have a driving licence”. Finally, it will be criminal under Article 256(1) of the CCC and Article 257 of the CCC to quote those who are critical of homosexuality.
We must besides remember how to specify the alleged call for hatred. According to the caselaw, it is understood as follows:
"The concept of hatred speech... should be regarded as a public call (calling) for others to feel and to perpetuate negative emotions, resentment and hostility..., while in order to carry out the offence referred to in Article 256 §1 k.k., it is not essential that the perpetrator convinces another recipients of his views, although his behaviour in an incriminated place and time should be motivated."
It is easy to imagine precisely what the “perpetuation... of negative emotions” can be for LGBTQI+.
In short, all criticism will be prosecuted and threatened by prison.
Welcome to the cool Poland Tuska.
Source: Pch24.pl
– disability (so-called phobia towards the disabled);
– age (the alleged age bias);
– sex (mizoandria towards men, misogynia towards women);
– sexual orientation (so-called homophobia);
– sex identity (so-called transphobia).
Interestingly, if it is established that the motivation of the ‘perpetrator’ was something from the above catalogue, the court will be obliged to treat this as an aggravating circumstance.
Punishments are not small, due to the fact that for calling to “hate” he threatens up to 3 years in prison.
Mec. Bartosz Lewandowski pointed out that the proposed provisions seem inconsistent. On the 1 hand, they implement the left-wing agenda by talking about homo- and transphobia. On the another hand, they point to the anticipation of discrimination or verbal “attacks” based on sex, which suggests gender... biological. If so, it is not known why sex identity is referred to further. However, if it were the social sex (the alleged gender) it would be an unconstitutional provision, due to the fact that we do not have adequate to specify the content of this provision.
However, Minister Adam Bodnar's proposals go even further. For it is proposed that criminal liability be imposed on those who apply the “unlawful threat”. specified a threat is defined as follows:
‘The illegal threat is both the threat referred to in Article 190 [i.e. the threat of harm, for example, to B.L]’, but also: ‘the threat of causing criminal proceedings or another proceedings in which an administrative punishment may be imposed, as well as the spread of an insulting message of worship or of its nearest person’ (Article 115 § 12 of the KK).
And that means... it's criminal to endanger to initiate proceedings against the alleged victim.
According to Advocate Bartosz Lewandowski, the changes that Donald Tusk's government wants to introduce will have very concrete consequences.
For example, the message that “a man is simply a pig” will be punishable by Article 257 KK. The message that «queer preschoolers should be curious in law enforcement» will be punishable by Article 119 of the KK. A message that you can only be a man or a female will be punishable by Article 256(1) KK. It will be the same with the refusal to usage pronouns incompatible with the wishes of the recipient of the statements (so-called misgenderenig). The designation that “transsexuality is simply a intellectual disorder” will be punishable by the same paragraph. The same applies to the expression that “old people should not have a driving licence”. Finally, it will be criminal under Article 256(1) of the CCC and Article 257 of the CCC to quote those who are critical of homosexuality.
We must besides remember how to specify the alleged call for hatred. According to the caselaw, it is understood as follows:
"The concept of hatred speech... should be regarded as a public call (calling) for others to feel and to perpetuate negative emotions, resentment and hostility..., while in order to carry out the offence referred to in Article 256 §1 k.k., it is not essential that the perpetrator convinces another recipients of his views, although his behaviour in an incriminated place and time should be motivated."
It is easy to imagine precisely what the “perpetuation... of negative emotions” can be for LGBTQI+.
In short, all criticism will be prosecuted and threatened by prison.
Welcome to the cool Poland Tuska.
Source: Pch24.pl