Przemysław Major, deputy mayor of Cieszyn, accused of publicly insulting state institutions, legally sentenced. The district court dismissed the local government’s case for a year’s trial. After an appeal by the prosecutor’s office, the district court ruled injunction. But he did not agree that as a result of the entry of the local government official, Prime Minister Mateusz Morawiecki would be harmed. “There is no evidence that he has experienced any pain or mental distress as a result of the entry,” the judge said.
On Friday, the District Court in Bielsko-Biała changed the appealed verdict for the deputy mayor of Cieszyn, Przemysław Major. In addition, he ruled in favor of the Ministry of National Defence, the Ministry of the Interior and Administration, the Border Guard and the party Law and Justice PLN 500 as compensation
However, he did not change the operative part of the judgment in the part concerning the Prime Minister Mateusz Morawiecki..
The District Prosecutor’s Office in Żywiec wanted in the appeal that the amount of the interest amount to PLN 1,000.
The situation on the border with Belarus, the deputy mayor’s entry and the case in court
The case concerns the statement of Przemysław Major (he allowed the publication of data) from October 2021. On his private social media account, he referred to the then situation on the border with Belarus. Marking Ministry of the Interior and Administration, Ministry of National DefenceBorder Guard, Mateusz Morawiecki and Law and Justice, wrote: “You are no different from the Nazis. Nothing!” The entry was illustrated with photographs showing small prisoners leaving the German Auschwitz camp and children standing behind the fence of the Border Guard facility in Michałów. critics later apologized for his words.
Investigators from the prosecutor’s office in Żywiec filed the accusation of insulting the prime minister and slandering state institutions.
December 19, 2022 the Cieszyn district court found that Major publicly insulted the Prime Minister Mateusz Morawiecki and slandered state institutions. At the same time, he dismissed the case for a year’s trial. He justified it with the fact that “the guilt and social harmfulness of the act was not significant”. Major’s attitude was also important: he was not punished and apologized for his words.
Court: Mateusz Morawiecki has not been proven to experience pain
– The court in Cieszyn conditionally discontinued the criminal proceedings against the accused. In the event of such a decision (…), it is necessary to adjudicate one of the obligations: compensation for damage, compensation or exemplary damages, if an injury or damage has been caused, judge Wojciech Salamon said on Friday in an oral justification of the appeal judgment. He pointed out that there was undoubtedly a violation of personal rights, which is a good name.
The judge explained that in the case of natural persons, the result of the violation of personal rights is harm, understood as suffering, pain, negative physical and mental feelings. – The mere violation of personal interest (…) that does not cause physical or mental suffering is not considered as harm. This means that it cannot give rise to a compensatory obligation, he said.
He emphasized that in the course of the proceedings, it was not shown that as a result of Major’s entry with Prime Minister Morawiecki, there was any harm. – There is no evidence that he has experienced any pain or mental distress in connection with the entry. (…) Therefore, the prosecutor’s appeal did not deserve to be considered, the judge noted.
Salamon said that in relation to a legal person like a ministry, border guardsor party, no compensation can be claimed. The institution as such is incapable of feeling anything. – However, the jurisprudence adopts a concept allowing for the possibility of treating the violation of certain personal rights as harm. This allows us to conclude that in the case of violation of fundamental goods from the point of view of the functioning of legal persons, such as good name, freedom of action or name, adjudication of compensation for them is admissible. (…) Due to the fact that the defendant violated the personal interests of the entities and due to his public function, the court awarded the court 500 zlotys in damages, said the judge in the oral justification of the verdict.
The court emphasized that “excess is not a punishment”. – It is only an educational measure that will motivate (Majora – ed.) not to undertake this type of activity – said the judge.
Both parties are satisfied with the verdict
After leaving the courtroom, Przemysław Major said that the most important thing for him was that the district court upheld the decision of the lower instance regarding the conditional discontinuation of the case. – I accept the verdict as far as the interest is concerned. I will apply for a written justification, he announced. He added that the decision on possible further steps – filing a cassation – will be taken after getting acquainted with the written justification.
Prosecutor Krzysztof Biegun from the prosecutor’s office in Żywiec said: – As far as the verdict is concerned, we are satisfied. We got what we wanted.
Main photo source: TVN24