The Introduction of Anticommunist Law in Poland

The essence of the issue

On the 8th of June new law is introduced in Poland. Law changes accepted couple of months ago by the Parliament and former President comes into a force on that day. These amendments will concern among with the others article 256 of the Criminal Code.

Before the 8th of June it stated:

Who publicly propagates fascist or other totalitarian formation of state or calls upon hatred based on national, ethnic, racial, religious, or concerning lack of religion, differences, is subjected to the punishment of fine, restriction of liberty or imprisonment for up to 2 years.

After the 8th of June it will state:

§ 1. Who publicly propagates fascist or other totalitarian formation of state or calls upon hatred based on national, ethnic, racial, religious, or concerning lack of religion, differences, is subjected to the punishment of fine, restriction of liberty or imprisonment for up to 2 years.

§ 2. Who in order to popularize produces, records, imports, stores, possess, presents, transports or sends printing, record or other item containing content described in § 1 or being a carrier of fascist, communist or other totalitarian symbolism is subjected to the same punishment.

§ 3. The perpetrator of prohibited act defined in § 2 does not commit a crime if he was acting in the framework of his artistic, educational, collector's of scientific activity.

§ 4. In case of condemnation for the crime defined in § 2 the court shall judge the forfeiture of items described in § 2 even if they are not the property of the perpetrator.

The background

The draft of amendment included several changes in the Criminal Code and originally did not mention communist symbolism. Generally, the direction of all changes was making the criminal law more severe. Stricter control over the internet was planned, that was officially told to be a part of a fight with paedophilia.

The proposer of the anticommunist "correction" MP Stanisław Pięta submitted his proposal at a very late stage. It's probably why he added "communist" adjective to § 2 of article 256 omitting to add it also to § 1. His direct intention, expressed directly was to finish with Che Guevara or Lenin faces wore on t-shirts. And obviously making a step forward in equation of communism and nazism.

The commission of Ministry of Justice expressed sceptical opinion about this correction however recognised Parliament right to state the law.

Former President Lech Kaczyński in spite of a complaint made by MP Tadeusz Iwiński's about unconstitutional character of this particular regulation, has signed the amendment. On that day President in his speech referred to "dozens of billions" of victims of communism.

Short analysis

The new regulation has two major defects, that have been probably already noticed but due to the parliamentary way of legislation could not be already "fixed" and due to political bigotry could not be stopped in the Senate or during the initial act by the President.

What exactly does the ban concern?

It is hard to find out. While banning the "communist symbolism" the article fails to state what symbols or elements are exactly banned. The list of current and potentially new elements of communist symbolism is not only long but also open to changes as communist parties in the world (and in Poland) may have a variety of symbols and such formulation of the ban, due to it's literal meaning concerns each of them.

If it was true that Che and Lenin pictures were banned by this law, the question would be why only them and not others. The Communist movement has many other heroes and leaders. And for sure will have more in the future. Some of them may be alive and even have a right to travel to Poland... If they faces are banned on a t-shirt what with their real faces then?

All that creates circumstances wherein the list of features of criminal behaviours is very unclear submitted to changes.

The only factor that actually decides what communist symbolism is for sure in are communist parties in the office. According to literal meaning of this formulation, communist parties will get a power to modify the list of features of behaviours that are prosecuted in Poland by registering symbols in their home countries. That is a strange kind of the power but incredible large.

How will courts interpret this ban is yet a puzzle even for judges. Why to find banned the sickle and hammer, that is in the symbolism of many communist parties but not the cherry that is a symbol of Communist Party of Bohemia and Moravia no? What about the dove, gears, scythe and many others?

What about the symbols of Polish People's Republic? They included: the white and the red on the flag and the white eagle in the emblem, but just without the crown on the emblem? As another already named Polish People's Republic "the communist state" so aren't symbols of "communist state" also "communist symbolism"?


Marcin Adam