Hate-motivated crimes: national and international case law

This publication is a practical guide devoted to the issue of hate-motivated crimes, prepared by the Jewish Association Czulent in cooperation with Dr. Dominika Bychawska-Siniarska and Dr. Mateusz Woiński—experts who combine academic experience with legal practice. The study focuses on an analysis of Polish and international case law, offering structured knowledge intended to support prosecutors, judges, lawyers, and civil society organizations in identifying and ensuring the fair prosecution of hate crimes in Poland.

The publication is based on an analysis of existing case law—both from domestic courts and international bodies such as the European Court of Human Rights and United Nations institutions. It demonstrates how legal provisions on hate crimes are interpreted in practice, what standards apply to states, and what obligations rest on law enforcement authorities and the judiciary.

Key issues addressed in the publication:

Analysis of case law

The publication is not merely a theoretical discussion, but the result of an in-depth analysis of specific decisions of Polish common courts, as well as the standards of the European Court of Human Rights and United Nations bodies. The review and discussion of the most significant rulings are complemented by conclusions regarding their importance for judicial practice.

Identification of bias motivation

Particular emphasis is placed on identifying “covert biases” and stereotypes. The handbook ցույցs how to uncover bias motivation in situations that, on a superficial assessment, are often classified as ordinary breaches of public order or acts of hooliganism.

Practical application of the law

The publication includes an analysis of Articles 256 and 257 of the Polish Criminal Code in light of the latest guidelines of the Prosecutor General, offering recommendations useful in the day-to-day work of justice system authorities.

Expert knowledge

The material has been prepared by Dr. Dominika Bychawska-Siniarska—an expert combining many years of experience in international institutions with academic work—and Dr. Mateusz Woiński, an expert specializing both academically and professionally in substantive and procedural criminal law. The selection of authors ensures the highest substantive quality of the publication, making it a reliable source of knowledge for professionals.

The publication serves as a tool for lawyers, researchers, and all those involved in combating bias-motivated violence. It helps to better understand the mechanisms of hate crimes and to respond to them more effectively, based on applicable law and international standards.

The publication was developed as part of the project “A comprehensive strategy to counter antisemitic hate speech in the public sphere,” funded by the Foundation “Remembrance, Responsibility and Future” (EVZ) and implemented by the Jewish Association Czulent.