Radosław M., who fatally beat his concubine's three-year-old son, will spend 15 years in prison. This decision was made by the Supreme Court on Thursday, dismissing the cassation appeal of the Ombudsman for Children.
The verdict of 15 years in prison for Radosław M. is now final fatal beating of a three-year-oldwhich took place in Grudziądz in 2017. The sentence issued in 2023 by the appellate court for the perpetrator's concubine and the child's mother also remained unchanged. He will go to prison for four years. On Thursday Supreme Court dismissed cassation of the Ombudsman for Children on this matter.
“The court of second instance conducted the evidentiary proceedings very diligently,” said judge Jacek BÅ‚aszczyk in the justification for Thursday's decision of the Supreme Court. As the appellate court noted, it changed and mitigated the sentence, but it did so after supplementing the evidence – “not only did it refer in detail to the defenders' appeal, but having the right to initiate evidence and all the evidence (…) it took all the elements into account.”
As Judge BÅ‚aszczyk pointed out in the proceedings before the appellate court, “the experts were interviewed very thoroughly (…), the parties' questions were answered and in no case can it be considered that there has been a violation of the regulations.” In the Supreme Court's opinion, the proceedings in this case were “fair” and the court drew the right conclusions. However, as he added, according to the regulations, a cassation appeal relating solely to the possible disproportion of the penalty may be filed only by the Prosecutor General.
The child died of cerebral edema
Let us recall that three-year-old Tomek from GrudziÄ…dz was hospitalized in November 2017. The emergency service was called by the common-law wife of the child's mother – RadosÅ‚aw M. After examining the three-year-old, doctors alerted the police, having serious suspicions that the boy had been beaten. The boy died three days later in a hospital in GrudziÄ…dz. The boy's six siblings were then sent to a care center.
The prosecutor's office accused Radosław M. of mentally and physically abusing Tomek, his concubine's son, who lived with him from August 2017 to November 2017. He allegedly shouted at the boy, frightened him, threatened to kill him, locked him in a closet and basement, and, above all, hit him with his fists and kicked him all over his body.
On November 13, 2017, a man hit the boy in the head, causing him “injuries resulting in intracranial subdural bleeding.” The child died as a result of massive cerebral edema.
The mother was responsible for the lack of care and neglect of the child. According to the findings, she intentionally caused serious damage to the victim's health – malnutrition, a significant degree of anemia and respiratory infection.
The appeals court commuted the sentences
In May 2021, the District Court in Toruń sentenced Radosław M. to 25 years of imprisonment, and the child's mother, Angelika L., to 5 years of imprisonment in the therapeutic system.
In October 2023, the Court of Appeal in Gdańsk, in the second instance, commuted these sentences. He sentenced Radosław M. to 15 years in prison, and his mother to 4 years in prison.
The proceedings in the second instance were lengthy, the appellate court, among others, After the closing arguments, he decided to resume the trial in the fall of 2022 due to the need to hear forensic medical experts who issued opinions in the case. The process was secret.
An appeal against this decision was filed by RPD Monika Horna-CieÅ›lak, pointing out that the accused did not feel any pity for the child, “causing neurogenic shock, commonly referred to as +painful death+, which caused particular torment for the child.”
– Additionally, he also abused other children for a long period of time, which also proves his pathological social attitude and deep-seated motivational problems – she said in July this year. Horna-CieÅ›lak.
The cassation was supported by the prosecutor's office. On Thursday, the convicts' lawyers pointed out during the hearing in the Supreme Court that the court correctly concluded that there was a “positive prospect of resocialization” and “in the end, it was the convict himself who called for help for the child.”
Main photo source: TVN24