Saatja: Marek Domagala <
[email protected]>
Saaja: Info
Teema: Request from The Polish Constitutional Court
Dear Sir or Madam,
The Polish Constitutional Tribunal is currently analysing an application (case ref. no. K 1/18) pertaining to the constitutionality of the provision of Polish law which stipulates criminal liability for publicly attributing, contrary to facts, to the Polish nation or the Polish state responsibility or co-responsibility for Nazi crimes committed by the Third Reich – which are specified in Article 6 of the Charter of the International Military Tribunal, signed on 8 August 1945 in London – or for other offences constituting crimes against peace and humanity or war crimes, or for grossly diminishing, in any other way, the responsibility of the actual perpetrators of these crimes.
In the context of the above, I kindly request you to provide the following information about your court’s case law and your country’s legal system:
1) In the legal system of your country, are there any similar provisions of law, i.e. ones that make it possible to hold accountable a person who, contrary to facts, attributes to a given country or nation responsibility for the aforementioned crimes?
If so, what are those provisions?
2) Has your court ever taken a stance on the above-mentioned issue?
If so, please indicate any relevant case law of your court (please also provide a source, if the case law is available in English)
Knowledge about your country’s legal system and case law within that particular scope will be most useful to us. We will be most grateful if you could provide us with your reply at your earliest convenience.
I look forward to hearing from you.
Kindest regards,
Dr Marek Domagała
The Department of Jurisprudence Research and Legal Analyses
The Office of the Legal Service
The Polish Constitutional Tribunal
Al. Jana Christiana Szucha 12A,
00-918 Warsaw, Poland