Defending against “a speech of hatred” not for Catholics – the territory Court in Poznań confirmed by its judgment. On Thursday, he maintained the decision of the court of First Instance, which acquitted homosexual Mark M., among others, from the charge of insulting Archbishop Jędraszewski. The perp in the words of the song “I killed him” simulated a knife to the spiritual throat. To increase the effect, artificial blood was to be used.
The case concerns August 2019. During the “Master Gay Poland” elections in the capital of Wielkopolska Marek M. as drag queen Mariolkaa Rebell appeared with a blow-up doll that had a image of Archbishop Mark Jędraszewski attached to her head.
The capital prosecutor then accused the perpetrator of publically calling for the execution of a clergyman, insulting the Archbishop of the Roman Catholic Church and another persons of that confession, and calling for hatred against spiritual differences. These actions are punishable by 3 years in prison.
On Thursday, the Poznań territory Court maintained the judgement of the First Instance Court, which in October 2024 wrongfully acquitted Mark M. stating that the defendant's conduct did not fulfil the grounds for calling for or insulting Archbishop Jędraszewski. The decision given on Thursday is final.
The oral justification for the ruling of the Poznań territory Court was classified. According to justice Rafał Parnowski, “because the proceeding was carried out in full with the exception of disclosure, and this in view of the transfer of the case to be re-examined by the ultimate Court only as regards the assessment of the defendant's liability in respect of the offence with Article 216 par. 1 kk, i.e. insults, on which the proceeding is indiscriminate.’ "The public announcement of the oral motives of the judgement would undermine the sense of a secret proceeding and the sense of protection guaranteed to the victim (...), in peculiar before public and repeated consideration of issues that could reconcile his individual interests," he added.
The justice added that, with respect to the issue of social interest, “in view of the fact that the action for misconduct under Article 216(1) may be brought openly only at the request of the victim, it cannot be accepted that the interest in that case is more valuable than that of the victim. Another thing is that the public interest is already implemented in the public transportation of the judgment.’
This is one more time erstwhile the Poznań court dealt with this case.
Mark M.'s first trial began before the Poznań court in 2021. The suspect did not plead guilty. Marek M. argued that his performance during the closed event did not service as an incentive for murder, but “it was meant to item the problem” related to the earlier, allegedly LGBT community message by the hierarch about the threat of “a rainbow plague”.
In June 2022 the Poznań regional court acquitted Mark M. The Prosecutor's Office filed an appeal on this case, and after another acquittal judgement – a cassation to the ultimate Court. In 2023, the SN partially took account of the cassation, repealed the judgement of the territory Court in Poznań and transferred the case to that court for re-examination. In turn, the Poznań territory Court annulled the contested judgement and referred the case to the Poznań territory Court for review.
At the end of September 2024, Poznań-Stare territory Court The city began a retrial on this matter. The court ruled out the publicity of the proceedings, because, as the justice Monika Smaga-Leśniewska argued, in 2023 the court of higher instance found that the actions accused of the accused could exhaust the marks of the insult of Archbishop Jędraszewski, alternatively than the call for him to be killed. Thus, according to the Code of Criminal Procedure, the trial in this case was classified.
In October 2024, the court acquitted the suspect Mark M. In order to justify the judgment, justice Smaga-Lesniewska pointed out that the defendant's conduct did not fulfil the grounds for calling for the execution of Archbishop Jędraszewski nor insulted him. The appeal, which was now dealt with by the territory Court in Poznań, was directed by the D.A., demanding that the conviction be lifted and that the case be re-examined by the court of First Instance.
Sources: PAP, PCh24.pl
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