Indicator history

Close Window

Does national legislation provide specific sanctions against public servants reported as perpetrators of racist violence/hate crime?

Code:
RED31
Key Area:
Anti-racist Crime Legislation & Implementation
Strand(s):
Racism
19/12/2011 - 22:28
Short Answer

No.

Qualitative Info

National legislation does not provide for specific sanctions against public servants reported as perpetrators of racist violence/hate crime. However, the fact of racist motivation may influence the sentencing. One of the articles of the Criminal Code stipulates that the public servant who exceeds authority or does not fulfil his or her duty, and acts to the detriment of public or individual interest is subjected to the penalty of up to 3 years imprisonment. If the perpetrator commits this act in order to obtain financial or personal benefits, he or she is subjected to the penalty of up to 10 years imprisonment. If the perpetrator acts unintentionally but causes serious harm, he or she is subjected to the following penalties: fine, imprisonment of maximum 2 years or restriction of liberty. The public servants may also bear disciplinary responsibility.

Groups affected/interested Migrants, Refugees, Roma & Travelers, Muslims, Ethnic minorities, Religious minorities, Linguistic minorities, Asylum seekers
Type (R/D) Anti-migrant/xenophobia, Anti-semitism, Islamophobia, Afrophobia, Arabophobia, Anti-roma/zinghanophobia
Key socio-economic / Institutional Areas Policing - law enforcement
External Url http://isap.sejm.gov.pl/DetailsServlet?id=WDU19970880553
Situation(s)
Library