The territory Prosecutor's Office in Warsaw announced an indictment against Confederate MP Grzegorz Braun. The paper went to the territory Court Warsaw Prague – South. It's the consequence of respective loud incidents in fresh years. It includes 7 charges ranging from 2022 to the end of 2023.
Not all actions have a common motive, but each has legal, symbolic and political meaning. What precisely is accused of the prosecution, and how can this be understood?
1. Raising the manager of the Institute of Cardiology – Articles 222(1) and 191(1)
According to the indictment, on March 1, 2022, Grzegorz Braun had in the building of the National Institute of Cardiology in Warsaw ‘infringement of the physical integrity of a public authoritative — manager of the Institute’, pulling his arm and clothing and blocking the passage. As a result, according to the prosecutor's office, the manager was forced to stay in place against his will. The charge so includes 2 actions: a violation of the physical integrity of a public officer and coercion (Article 191(1) kk).
Braun repeatedly questioned the legitimacy of sanitary procedures in medical facilities and conducted intervention recordings. In this case, the behaviour may be assessed as a form of opposition to the directorate's actions. Has there been a physical border breach? The DA says so, but the evidence hasn't yet been released. It is besides worth noting that "infringement of immunity" is simply a broad concept – it can include both violent force and the impulse of touching.
2. message by the manager on being under the influence of alcohol – Articles 226(1) and 212(1) and (2)
On the same day, Braun was expected to accuse the manager of the institute of performing his duties during the net broadcast ‘in condition after usage of alcohol’. According to the prosecutor, he thus insulted a public officer and spoke to him, exposing him to failure of professional trust. The public statements of politicians are frequently sharp and frequently part of a deliberately sharpened media narrative. However, if the proposition of alcohol consumption had no cover in the facts, it may indeed constitute a serious violation of a good name. However, it will be hard to measure intentions – whether it was a rhetorical figure, an emotional reaction or a deliberate discrediting action?
3. harm to the Christmas tree — Article 288(1)
On January 27, 2023, Braun had a ‘damage and destruct Christmas tree’ – property of Iustitia and Themis judges associations. full losses were valued at PLN 1.408.26. This incidental was widely commented on as a political motion – the Christmas tree set by the judge's environment had a symbolic dimension, according to Braun, which he questioned. From a legal point of view, however, it is classical demolition of property. The nature of the action is not great, but it may constitute an offence against the judicial institutions, especially if the court considers it to be a demonstration act.
4. Equipment harm at the German Historical Institute – Article 288(1)
Another charge concerns the events of May 30, 2023. Braun was about to harm electronic and conference equipment, including a platform, microphone, audio column and Dell's laptop. The value of losses was estimated at PLN 2.569. Braun is known for his harsh criticism of Germany and the institutions he believes “writing past again”. It can be assumed that the activities in the institute had a dimension of political opposition, possibly related to an event or presentation. However, if there has been physical demolition of equipment, the case takes a criminal dimension, regardless of the motives.
5. Not leaving the building after the call – Article 193(1)
On the same day, Braun was not to leave the building of the German Historical Institute despite the director's request. It's a classical case of home miru violations. Even politicians during intervention have no right to ignore the demands of the owner or the object manager. The charge is based on a simple recipe – if individual is asked to leave the premises and does not do so, they can respond criminally. The case may seem minor, but this is the second charge concerning the same visit and this may be applicable for assessing the overall behaviour.
6. Chanukia incidental – Art. 257 kk, 195 §1 kk, 196 kk
The most well-known and mediated allegation concerns events of December 12, 2023 in the Polish Parliament. Grzegorz Braun had:
- publicly insult the spiritual group (Jews) with the words “such as you are ashamed, you should not be”,
- maliciously interfere with the act of spiritual candle inflammation in the Chanukija candlestick,
- extinguish the candle flame with a powder fire extinguisher, which was considered an insult to the spiritual object.
Braun does not deny that he put out the candles – the recordings confirm that. He himself defended himself claiming to have defended the Sejm's “religious neutrality”. The case touches upon an highly delicate sphere – spiritual freedom and respect for spiritual symbols. The charges include not only insulting, but besides disturbing the rites. Although the spiritual group liable for this rite is not a spiritual union registered in Poland. It could be utilized in defense.
7. Infringement of the integrity of the intervener – Articles 157(2) and 217a
On the same day, according to the prosecutor's office, Braun was to usage a fire extinguisher stream against the intervener, causing a slight harm to wellness (up to 7 days) and a violation of physical immunity. If the injured individual has actually been sprayed and injured, the court may consider this to be an overstepping political response. But here is the question of intention: was it intentional action against a person, or a side effect of candle extinguishing? Medical details and recordings will be crucial.
Legally, the charges cover both crimes against property and the individual and freedom of conscience and religion. If the court finds it guilty in more than 1 case, a cumulative judgement may be possible, with consequences for the parliamentary term.
