The criminal offence of publicly insulting the President of the Republic of Poland (Art. 135(2) of the Polish Criminal Code) and the limits of freedom of expression

Abstract

The article examines the criminal offence of publicly insulting the President of the Republic of Poland under Article 135(2) of the Polish Criminal Code within the framework of the tension between the protection of the authority of the Head of State and the constitutional guarantee of freedom of expression. It is indicated that, although the provision remains formally compatible with constitutional and European standards, its application should be exceptional in order to prevent a chilling effect on public discourse. The study also outlines the necessity for a restrictive interpretation or, alternatively, consideration of legislative reform aimed at ensuring a proportionate balance between the protection of the office and freedom of speech.