“The President of the Republic of Poland, Andrzej Duda, has referred the Act of March 6, 2025, amending the Act – the Penal Code to the Constitutional Tribunal, by way of preventive control,” the Presidential Chancellery announced in a statement.

The matter concerns the government's amendment to the Penal Code regarding hate speech and hate crimes, which expands the catalog to include crimes motivated by discrimination based on age, disability, gender, and sexual orientation. These were to be punished on analogous principles as those already covered by existing regulations (based on national, ethnic, racial, political, religious affiliation, or lack thereof).

The President alleges the bill is incompatible with, among other articles, Article 54(1) of the Constitution of the Republic of Poland (Everyone shall be guaranteed freedom to express their views and to acquire and disseminate information) and Article 31(3) (Limitations on the exercise of constitutional freedoms and rights may only be imposed by statute and only when necessary in a democratic state for its security or public order, or for the protection of the environment, health, and public morals, or the freedoms and rights of others. Such limitations shall not infringe the essence of freedoms and rights).