The article presents a legal analysis of Article 53 § 2a item 6 of the Polish Criminal Code, which formulates the aggravating circumstance of the perpetrator’s hateful motivation taken into account in the judicial sentencing. The paper indicates two challenges facing the courts in the context of applying this legal provision, i.e. overcoming the general difficulties accompanying the
determination of the perpetrator’s motivation and adopting the proper meaning of the term “hatred”. Author expresses the need for restraint in applying the so-called hallmarks of hateful motivation found in legal scholarship. A comparative study of the regulation of hate motivation as an aggravating circumstance in the legislation of European countries has revealed an objectionable tendency to multiply the criteria for distinguishing groups of people who are particularly protected against hatred. The need to respect the principles of sufficient specificity of the law and legal certainty and security has become the basis for expressing criticism to the pending draft amendment to Article 53 § 2a point 6 which provides for the addition of the subjective conceptual category of "gender identity" to the provision.