The Court of Appeal in Warsaw annulled the contested judgement on Thursday and sent it back to the court for review And the instance of the pro-abortional activist Justyna Wydrzynska accused of helping kill an unborn kid by providing his parent with a miscarriage pill.
In early December 2021, the Warsaw-Prague territory Attorney's Office in Warsaw informed that she had directed the indictment of the abortion activist Dream squad to court.
The female was accused that in February 2020 she was helping to kill the conceived child, giving his parent at least 10 pills containing misoprostol (a substance causing abortion). Theoretically, they're threatening 3 years in prison for this. The case was reported by a life partner of a female who had previously refused to agree to kill their common offspring abroad.
The abortionist's trial began at the Warsaw-Prague territory Court in April 2022. In March 2023, a conviction was handed down. Wydrzynska was found guilty of her alleged act and sentenced to 8 months of restrictions on freedom, in this case free labour for social purposes of 30 hours a month.
Judge Agnieszka Brygidyr-Dorosz ruled the case.
The advocates of abortion appealed, stating, among another things, that this justice was “wrongly appointed”.
On Thursday, a retrial was made in the Court of Appeal. justice Rafał Kaniok dismissed the contested ruling and referred the case to the court of First Instance for re-examination. In the message of reasons, he stated that the main reason for the repeal of the judgement was that the court of First Instance was wrongly cast.
– The Court of Appeal shall, erstwhile issuing a judgement and referring the case to retrial, not be entitled to examine and measure the another pleas of appeal, including the most crucial plea of defence, namely the determination of the degree of social harm of the accused person’s action. – said justice Kaniok.
He besides pointed out that the Court of Appeal, by repealing the judgement in the form of an absolute reason for appeal and a defective cast of the Court of First Instance, did not decide whether the act attributed to the accused was a crime whose social harm was crucial or whether it was an act of negligible social harm.
In turn, justice Ewa Leszczyńska-Furtak argued that the court would gotta measure the criminality of the act not only in terms of legal regulations, but besides in the socio-political context in which it was situated. – Without assessing the abortion law, it is not possible to ignore the assessment of the act in the context of providing pregnant support and a sense of safety for women, which is not created by the public authorities. (...) Support doesn't always gotta mean abortion, but it has to mean ensuring that a woman's problems and fears are decently bowed down – She said.
After the judgement was announced, the activist stated that “it is not a triumph for her.” – For me, the only triumph I would consider is that present this court speaks; so you are innocent said Wydrzynska.
Sources: PAP, PCh24.pl
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