IN HIS OPINION FOR THE SENATE, THE COMMISSIONER FOR HUMAN RIGHTS NEGATIVELY ASSESSES THE TOUGHENING OF THE PENAL CODE PASSED BY THE SEJM ON 16 MAY 2019

• EXCESSIVELY REPRESSIVE, RESTRICTS JUDICIAL LATITUDE, INCREASES PROSECUTORS’ AUTHORITY – THIS IS THE CHR’S ASSESSMENT OF THE PACKAGE OF AMENDMENTS TO THE PENAL CODE PASSED BY THE SEJM ON 16 MAY
• THE ACT INTRODUCES HARSHER PENALTIES FOR MANY CRIMES, YET THE DATA SHOW THAT THE CRIME RATE HAS BEEN DECLINING IN POLAND FOR 10 YEARS

• MORE EFFECTIVE DETERRENCE IS PROVIDED BY MORE LENIENT BUT UNAVOIDABLE PENALTIES THAN BY STRICTER PENALTIES THAT PERPETRATORS COUNT ON AVOIDING

• THE CHR’S CRITICAL STANCE TOWARD THE AMENDMENTS ALSO STEMS FROM THE RAPID, TWO-DAY LEGISLATIVE PROCESS THAT PRECEDED THEIR ADOPTION, THE ABSENCE OF JUSTIFICATION FOR MANY OF THE AMENDMENTS AND THE LACK OF PUBLIC DEBATE

• THE CHR IS ALSO OPPOSED TO THE NEW DEFAMATION LAWS, WHICH COULD RESTRICT FREEDOM OF SPEECH