The ultimate Court dismissed the cassation of the Sodomite activist from Nowa Lewica on the judgement of the territory Court in Gorzów Wielkopolski, acquittaling the associate of the Pro – Right to Life Foundation in the case of defamation of deviants. The case was described by the Ordo Iuris Institute.
The failure of the far left in the ultimate Court. In the first instance, the territory Court in Gorzów Wielkopolski found the co-worker of the Pro-Right Foundation to be guilty of defaming and disputing a private prosecutor, claiming to be a individual of Sodomic inclination. The case active slogans specified as “stop rainbow plague”, “homosexuals molest children more often”, “what the deviative lobby wants to teach children – 4-year-old masturbation, 6-year-olds consent to sex, 9-year-olds first sexual experience and orgasm”.
These contents were to be preached from a car driving the streets of the city and placed on it, and the vehicle was to be guided by the accused. On the back of the truck there was expected to be an image of half-naked men holding together a rainbow flag, bearing the inscription: “These are going after your children, halt them!” In the judgement of the court, this was a crime under Article 212(1) of the Code, for which the suspect was punished with 300 regular units of fines of 20 PLN each, a payment of PLN 3 1000 and the costs of the trial of PLN 1 416.
The defendant's defence appealed. The second instance court changed the judgement of the territory Court and acquitted the volunteer of the alleged act. As regards the word ‘homosexuals repeatedly molest children’, the territory Court found them actual in the light of the evidence provided by the defence. It was akin for a password "Lobby LGBT wants to teach children – 4-year-old masturbation, 6-year-old consent to sex, 9-year-old first sexual experience and orgasm". It was based on truth.
Both terms, in the opinion of the territory Court, were not of a contracting character. The slogan “stop rainbow plague” was considered by the court of the second instance to be an evaluation message and as such, not realising the prohibited act.
The cassation of this decision was brought by a proxy of an allegedly injured, far-left activist. He alleged a ruling of the territory Court in violation of defamation rules (Article 212(1) of the Code of Criminal Procedure) and incorrect consideration of the circumstances excluding criminality (Article 213(2) of the Code of Criminal Procedure).
The ultimate Court dismissed the cassation of a private prosecutor, sharing the defence's argument about the procedural flaws of the allegations raised. He besides pointed out that he did not comment on the truthfulness of the claims, but felt that, in the light of the evidence, the defendant’s conviction of their veracity was justified. Referring to the defendant's conduct, the ultimate Court referred to the freedom of speech and freedom of debate and pointed to the uniqueness of the provisions of Article 212 of the Code and the request for the court to guarantee the equality of all participants.
– Here we are dealing with the only ultimate Court ruling on the LGBT run "Stop pedophilia" conducted by the Pro Foundation – the right to life, and this is simply a valid acquittal of the Foundation's associate. In the eyes of the ultimate Court, they did not find designation of a private prosecutor's claim of "aggressive hatred speech" of the accused, of the slogans "encouraging negative emotions aimed at a peculiar group".
Moreover, the ultimate Court considered the defendant's action to be an expression of freedom of speech and the ruling as a warrant of a balance of public debate. This ruling gives a strong argument to challenge convictions in akin cases of the Pro – Right to Life in Gdańsk, Szczecin and Zielona Góra Foundation's co-workers as agreeable to express their views and disseminate information, guaranteed in Article 54(1) of the Polish Constitution.
It should besides constitute a barrier to the Prosecutor's Office commanded by Minister Adam Bodnar, who has acted many times in the past on the side of LGBT demands. The Public Prosecutor's Office is increasingly pursuing this kind of activity of the Pro Foundation's co-workers – the right to life – commented Paweł Szafranczyk of Ordo Iuris.
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