Legal opinion on an amendment to the Act – Penal Code

The author argues that the proposed provisions of Article 126c of the Penal Code – inasmuch as it penalizes the person who publicly and contrary to facts denies the crimes of genocide – should be assessed negatively. The expert points out that the content of the above-mentioned provisions is partly covered by personal and material scope of regulation of the current provisions of Article 55 of the Act on the Institute of National Remembrance as it concerns the denial of the crime against peace, humanity. He also claims that the proposed provisions concerning the offence of negationism, by making reference to “act of genocide” (whose elements are specified in Article 118 of the Penal Code), provides for too broad scope of penalization