Obraza uczuć religijnych

Uchwała Sądu Najwyższego z dnia 29 października 2012 r., I KZP 12/12

Abstrakt

The present commentary aims at analysing the resolution of the Supreme Court in which the Court performed the crucial interpretation of the law by answering the legal question “whether the offence under Article 196 of the Criminal Code (insult of religious feelings) can only by committed with a direct intent, or with an eventual intent as well?”. The standpoint presented in the resolution is to be considered as correct with the view to the fact that is was given after a comprehensive interpretation of the Polish and international legal systems. At the same time, it is to be noted that the decision of the Supreme Court does not limit the freedom of the artistic expression of an art performer.