Safety may be understood:

• objectively – as a state of no threat; a state in which our interests are not violated (in this sense, the terms “safety" or "objective safety") are used,
• subjectively – as a psychological state where we do not feel any threat (in this sense, the terms "subjective safety" or "sense of safety") are used.

Different understanding of safety refers to the process leading to such a state and which concerns the stage of preventing the violation of protected interests (prevention), reaction when they are violated and attempts to remedy the damage.

At the JU, we care for the safety of the entire academic community, but with special emphasis on the safe and comfortable learning and research conditions for those who study and prepare doctoral theses. To that end, we conduct an annual survey on the sense of safety and experienced discrimination. Survey reports can be found on: https://jakosc.uj.edu.pl. You are encouraged to take part in the survey and share your observations so that we may continually improve our services and create an environment for learning and work that is free from violence or discrimination.

You can express your opinion on the way in which classes are run by particular persons in Course Evaluation surveys made available at the end of each semester. More information can be found on: https://jakosc.uj.edu.pl/badania.

If you need support during the academic year in relation to a situation of threat or discrimination, contact the employees of the Department of Security, Safety and Equal Treatment. More information can be found on: https://safe-student.uj.edu.pl/contact.

Emergency situations are often dynamic and their witnesses do not always know how to react. They often hardly realize that the event they are watching requires them to take action. Some witnesses may not be aware that something is happening that requires their intervention. Others assume that somebody else has already helped and they are subject to the diffusion of responsibility mechanism (or bystander effect). Still others may be afraid to help because they do not know how to do it or fear the consequences.

There is no single model how to become an “ideal” witness ready to offer help. There is no single pattern of how to react, either. However, it is worth noting several tips that may help you overcome the bystander effect and increase your chances of receiving help from witnesses of an incident.

It may happen, especially during discussions online, that emotions prevail and we write words or record statements that do not meet academic standards of behaviour. Most of such behaviours – aggressive or offensive comments, memes, etc. will be called “hate speech”. As a rule, it is punishable in Poland as a criminal offence of defamation or insult. Some manifestations of hate speech may be punishable under other provisions of the Polish Criminal Code. (e.g. inciting hate on grounds of nationality, ethnicity, race, religion or due to the lack of religious beliefs – Article 256 of the Polish Criminal Code; insult on grounds of nationality, ethnicity or race – Article 257 of the Polish Criminal Code).

Apart from consequences before court, (doctoral) students also bear disciplinary liability. The detailed rules for a disciplinary action and the preceding investigation procedure before a proxy for disciplinary liability are described in the Act on Higher Education and Science as well as the Regulation of the Minister for Science and Higher Education issued on the basis of the former document.

Defamation (slander or libel) – Article 212 of the Polish Criminal Code

Defamation consists in slandering or libelling another person, group of people, institution, legal person or organizational unit without legal personality that they engage in such conduct or have such characteristics that may degrade them in public opinion or expose to the loss of trust necessary for a given position, profession or type of activity. The offender may face a fine or limitation of liberty. Harsher punishments (including deprivation of liberty) are imposed when the offender slanders or libels the above-mentioned persons or entities using means of mass communication (including the internet).

Insult – Article 216 of the Polish Criminal Code

This criminal offence consists in insulting another person in their presence or even in their absence, yet publicly or with the intention for the insult to reach that person. The offender may face a fine or limitation of liberty. Harsher punishments (including deprivation of liberty up to one year) are imposed in the event of insults expressed by means of mass communication (including the internet).

Prosecution of defamation and insult

The prosecution of defamation (Article 212 of the Polish Criminal Code) and insult (Article 216 of the Polish Criminal Code) takes place on private accusation, which means that only the person who has experienced such behaviour and feels victimized may take legal steps. In such a situation, they should file a private indictment with a competent court, in which at least the following elements must be indicated:

• the accused person,
• the deed they are accused of,
• evidence supporting the accusation (see Article 487 of the Polish Code of Criminal Procedure).

The police, at the victim's request, prepare an oral or written complaint and, if necessary, secure evidence and then send the complaint to a competent court. The court may order the police to conduct certain proceedings to take evidence.

Most of us have probably encountered the notions of stalking and threats at least once in the public space. The former is usually defined as pestering, solicitation and persecution that threatens the safety of a person. Threatening is usually associated with making somebody afraid (“he threatened me with
a lawsuit”/”the police”). However, the common understanding of these notions may be misleading when we want to protect our rights. Under Polish law, both persistent harassment (stalking) and criminal threats constitute offences. It is worth remembering that the common understanding of these notions deviates from the definitions in the Criminal Code. Below, you will find explanations that will help you take proper steps when you experience such penalized behaviours.

Remember to report the case to the university, especially when the perpetrator is a student. Apart from consequences before court, (doctoral) students also bear disciplinary liability at the university.

Criminal threat (Article 190 of the Polish Criminal Code)

This criminal offence consists in threatening another person to commit an offence to their detriment or to the detriment of a person close to them, if such a threat causes the threatened person to experience
a reasonable fear that it will be fulfilled. Therefore, for us to speak of a criminal threat, a situation must take place where:

• one person threatens another person to commit an offence (unlawful and punishable act) to their detriment or to the detriment of a person close to them – e.g. threatening with beating, rape, murder, theft, etc.; therefore, a warning about taking legal steps does not amount to a criminal threat (in other words, statements "he or she threatened me with a lawsuit/the police" do not describe the criminal offence of a criminal threat);
• such a criminal threat must cause a reasonable fear of being fulfilled (the victim must have grounds to believe that the threat will be fulfilled).

Persistent harassment/stalking (Article 190a of the Polish Criminal Code)

This criminal offence consists in the persistent harassment of another person or a person close to them, causing him or her to experience a sense of threat, humiliation or torment that is justified by the circumstances, or significantly breaching their privacy. It is also a punishable offence to pretend to be another person, using their physical likeness or other personal details, in order to cause financial or personal harm to that person.

Harassment may take various forms – e.g. phone calls, SMS messages, e-mails, posts on social media, but also accosting somebody and paying them unwanted visits, e.g. at the place of residence or at university/work, handing over unwanted gifts, etc. For a criminal offence to occur, these behaviours must be "persistent", i.e. multiple/repeated in spite of clear opposition by the victim (offender’s persistence). It is worth expressing opposition in a manner that could be used as evidence in potential criminal proceedings (e.g. a single e-mail/SMS message/post with information that we do not expect certain behaviours).

If you are experiencing persistent harassment:

• Do not respond to the offender’s attempts to contact you – indicate clearly that you do not want contact/that such behaviours are unwanted (e.g. "I don’t want any form of contact with you. Stop messaging/calling/following me.")
• Don’t get involved in discussion, don’t try to argue.
• Avoid contact with the stalker (in any form, including by electronic means).
• Document all incidents – they may become evidence in a case.
• Record messages/posts/attempts to contact you/disquieting signals (even if they seem unimportant, they may become evidence/be crucial for the police).
• Tell your family and friends/colleagues/neighbours about the situation and ask for their support – such people may notice something important and warn or help you.
• Trust your instinct and do not expose yourself to danger (e.g. trying to collect additional evidence).
• If after your opposition the stalker continues to contact you, go to a police station – bring all the evidence and ask somebody close to you to go there with you.

Prosecution of stalking and criminal threats

Prosecution of criminal threats (Article 190 of the Polish Criminal Code) and persistent harassment (Article 190a of the Polish Criminal Code) takes place at the victim’s request, which means that only the person who has experienced such behaviour and feels victimized may take legal steps. In such a situation, they should visit the closest police station, testify and file a request for the prosecution of the offender. Once the request for prosecution has been filed, the case continues ex officio, which means that law enforcement agencies take steps in the case. If a criminal offence is prosecuted at the victim’s request, the police officer must give an instruction on the right to file such a request (usually, at the end of the interrogation, the following question may be heard: “Do you wish to file a request for prosecution?”) Without such a request, the proceedings will not continue.