Full text of Poland’s controversial Holocaust legislation

‘Whoever claims that the Polish Nation is responsible or co-responsible for Nazi crimes committed by the Third Reich… shall be liable to a fine or imprisonment for up to 3 years’

Text of the Holocaust-related legislation adopted by both houses of the Polish parliament, as provided in Polish by the Polish government to Israel’s Foreign Ministry, and translated by the ministry, January 31, 2018.

The Institute of National Remembrance – Commission for the Prosecution of Crimes against the Polish Nation Act, the War Graves and Cemeteries Act, the Museums Act, the Liability of Collective Subjects for Acts Prohibited under Punishment Act, and the Prohibition of Propagating Communism or Other Totalitarian Systems through the Names of Buildings, Facilities and Areas of Public Use Act

Article 1. The Institute of National Remembrance – Commission for the Prosecution of Crimes against the Polish Nation Act of 18 December 1998 (Polish Journal of Laws of 2016, item 1575) is hereby amended as follows:

1) Article 1:

1. a) item 1a) shall read:

“a) Nazi crimes, communist crimes, crimes committed by Ukrainian nationalists and members of Ukrainian units collaborating with the Third Reich, and other felonies that constitute crimes against peace, crimes against humanity or war crimes, committed against persons of Polish nationality or Polish citizens of other nationalities between 8 November 1917 and 31 July 1990.

1. b) item 2 shall be followed by item 2a, reading:

“2a) protecting the reputation of the Republic of Poland and the Polish Nation;”;

2) Article 2 shall be followed by Article 2a, reading:

“Article 2a. Within the meaning of the Act, crimes committed by Ukrainian nationalists and members of Ukrainian units collaborating with the Third Reich constitute acts committed by Ukrainian nationalists between 1925 and 1950 which involved the use of violence, terror or other human rights violations against individuals or population groups. Participating in the extermination of the Jewish population and genocide of citizens of the Second Polish Republic in Volhynia and Eastern Malopolska [Lesser Poland] also constitute a crime committed by Ukrainian nationalists and members of Ukrainian units collaborating with the Third Reich.”;

3) Article 45a shall read:

“Article 45a. Investigations concerning crimes referred to in Articles 54–55a are initiated by a prosecutor of a branch commission.”;

4) Article 53n is hereby repealed;

5) section 6b shall be followed by section 6c, reading:

“Section 6c

Protecting the reputation of the Republic of Poland and the Polish Nation

Article 53o. Protecting the reputation of the Republic of Poland and the Polish Nation shall be governed by the provisions of the Civil Code Act of 23 April 1964 (Polish Journal of Laws of 2016, items 380, 585 and 1579) on the protection of personal rights. A court action aimed at protecting the Republic of Poland’s or the Polish Nation’s reputation may be brought by a non-governmental organisation within the remit of its statutory activities. Any resulting compensation or damages shall be awarded to the State Treasury.

Article 53p. A court action aimed at protecting the Republic of Poland’s or the Polish Nation’s reputation may also be brought by the Institute of National Remembrance. In such cases, the Institute of National Remembrance shall have the capacity to be a party to court proceedings.

Article 53q. The provisions of Article 53o and Article 53p shall apply irrespective of the governing law.”;

6) Article 55 shall be followed with Articles 55a and 55b, reading:

“Article 55a. 1. Whoever claims, publicly and contrary to the facts, that the Polish Nation or the Republic of Poland is responsible or co-responsible for Nazi crimes committed by the Third Reich, as specified in Article 6 of the Charter of the International Military Tribunal enclosed to the International agreement for the prosecution and punishment of the major war criminals of the European Axis, signed in London on 8 August 1945 (Polish Journal of Laws of 1947, item 367), or for other felonies that constitute crimes against peace, crimes against humanity or war crimes, or whoever otherwise grossly diminishes the responsibility of the true perpetrators of said crimes – shall be liable to a fine or imprisonment for up to 3 years. The sentence shall be made public.

2. If the act specified in clause 1 is committed unintentionally, the perpetrator shall be liable to a fine or a restriction of liberty.
3. No offence is committed if the criminal act specified in clauses 1 and 2 is committed in the course of the one’s artistic or academic activity.

Article 55b. Irrespective of the regulations in force at the location of committing the criminal act, this Act shall apply to Polish and foreign citizens in the event of committing the offences referred to in Articles 55 and 55a.”