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THE OFFENCE OF SLANDER UNDER POLISH CRIMINAL LAW

M. Treder

Abstract

Slander is one of four offences codified in Chapter XXVII of the Polish Criminal Code – ‘Offences against Honour and Personal Inviolability’ in Article 212. This is one of the few crimes where prosecution is initiated by private motion. The aggrieved party must submit and support an indictment in the capacity of a private prosecutor and collect all possible evidence necessary to proceed in instituting criminal proceedings. While convicted perpetrators are liable to a fine or restriction of liberty, current legislation provides for harsher penalty if the offender commits the act through the mass media. In addition to a fine and restricted liberty, the perpetrator may be sentenced to imprisonment for up to 1 year. This offence has become an increasingly important issue because many aspects of everyday life are transmitted through social media and many perpetrators have acquired a false sense of impunity. Solutions to slander offences have existed since 1997 when the Criminal Code come into force, and Polish Ministry of Justice statistics establish that courts bring guilty verdicts for these crimes when committed through the media. This confirms the expedient use of this particular regulation in practice.

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