The ultimate Court in the composition of Jarosław Matras, Jerzy Grubba, Michał Laskowski dismissed the cassation of LGBT activist from Nowa Lewica from the judgement of the territory Court in Gorzów Wielkopolski, acquittaling a co-worker of the Pro – Right to Life Foundation from the accused act of talking, i.e. crime from Article 212 of the Criminal Code. The suspect was assisted by the Ordo Iuris Institute.
At the first instance, the territory Court in Gorzów Wielkopolski found a co-worker of the Pro-Right Foundation to be guilty of defaming and disputing a private prosecutor, claiming to be a homosexual individual and identifying with the LGBT movement. The case afraid slogans specified as “stop rainbow plague”, “homosexuals molest children more often”, “what LGBT 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 in the amount of PLN 1 416.
However, 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. Similarly, the slogan "LGBT lobby wants to teach children – 4-year-old masturbation, 6-year-olds consent to sex, 9-year-olds first sexual experience and orgasm". Both terms, in the opinion of the territory Court, were not of a contracting character. The word “stop of rainbow plague” was considered by the court of the second instance to be an assessment and as specified not fulfilling the signs of criminal libel. Moreover, the court accepted that the accused act was within the limits of freedom of speech.
The cassation of this decision was lodged by a private prosecutor's attorney. 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 could be considered justified. In referring to the defendant's conduct, the ultimate Court referred to 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 the participants.
– Here we are dealing with the only ultimate Court ruling on the LGBT run "Stop pedophilia" conducted by the Pro Foundation – 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 be 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 said Paweł Szafranec of the Ordo Iuris Process Intervention Centre.
Source: Ordo Iuris
TG
