The case concerns a individual who posted pro-Russian entries and expressed wishes for the success of Russian aggression in Ukraine. The court upheld the earlier judgement of the Legnica territory Court, condemning the suspect for public provocation to military aggression. The lowest punishment was imposed – six months of probation for 2 years under probation.
The convict then appealed against the judgement of the territory Court, arguing that his statements were removed from the context. However, the Court of Appeal, in examining the appeal, recalled that even the Convention for the Protection of Human Rights, whose provisions are in line with the Polish Constitution, allows for the regulation of freedom of expression erstwhile state security, territorial integrity or public order are at risk.
The court stated that the praise of war is not just about direct influence on the decisions to call it, but besides about building support and acceptance for specified actions. It is not essential for a individual calling for war to be a citizen of a state that is aggressive.
The Court of Appeal explained that the legislator sees the danger and social harm already in an advocacy approach to assault. Public praise for war is simply a threat to the crucial value of peace as a human good.
