Freedom of Speech and Protection of Public Order in Petty Offenses Law (Article 63a of the Code of Petty Offenses). Commentary on Judgment of the District Court in Bełchatów of 7 December 2020, II W 297/20

The current Polish Code of Petty Offenses entered into force in a different political, legal, and socio-economic reality. Despite many amendments, it does not fully correspond to contemporary realities, therefore the interpretation of its provisions requires particular care, due to the necessity to consider, in particular, the current Constitution of the Republic of Poland. The guarantees of individual rights and freedoms it contains need to be included in the process of legal interpretation, even though they did not exist in the present form when the Code of Petty Offenses was introduced into the legal system. Article 63a of the Code of Petty Offenses protects against behavior that violates the aesthetics of public space by littering or defacing. It sanctions the placement of an advertisement, poster, leaflet, inscription, or drawing in a public place not intended for this purpose. However, such behavior may not be punished when, in a specific case, it does not violate public order, as it constitutes a form of exercising individual freedom of expression.

The current Polish Code of Petty Offenses entered into force in a different political, legal, and socio-economic reality. Despite many amendments, it does not fully correspond to contemporary realities, therefore the interpretation of its provisions requires particular care, due to the necessity to consider, in particular, the current Constitution of the Republic of Poland. The guarantees of individual rights and freedoms it contains need to be included in the process of legal interpretation, even though they did not exist in the present form when the Code of Petty Offenses was introduced into the legal system. Article 63a of the Code of Petty Offenses protects against behavior that violates the aesthetics of public space by littering or defacing. It sanctions the placement of an advertisement, poster, leaflet, inscription, or drawing in a public place not intended for this purpose. However, such behavior may not be punished when, in a specific case, it does not violate public order, as it constitutes a form of exercising individual freedom of expression.