In Toruń, there was an different case of accusing a female who had not yet consented to possession of a weapon and without a criminal record, who was to be held liable for commenting on Facebook. The territory Prosecutor's Office in Toruń directed an indictment against 66-year-old Isabella M., who threatened the death of Jerzy Owsiak – a known public individual and the founder of WOŚP.
Comment that led to the indictment
In its entry ‘Die, man.” and another content on her social profile, the female was accused of violating criminal law. According to prosecutor Andrzej Kukawski, the entry was a clear threat directed straight to the victim, which caused him a legitimate concern about the implementation of this threat.
The entry besides included allegations of unfair enrichment by Oatsiak and a call for settlement of the estate. According to investigators, specified a comment was besides a public call to commit a crime.
Accusations under the Criminal Code
The pensioner was charged with:
- Article 190 §1 of the Criminal Code – directing criminal threats
- Article 255 §2 of the Criminal Code – insult
- Article 11 §2 of the Criminal Code – as a prohibited act by mass media (Internet)
The indictment was directed to the territory Court of Toruń, which has not yet begun the trial. The issue is of large interest to the media and society.
Dramatic minute of detention – police hit at dawn
Stopping a female occurred just after the controversial entry was published. The officers went to the flat of Isabella M. in the Toruń settlement of Mokre on 14 January. However, since the female was not home, they returned the next day at dawn, just after 6:00 p.m.
Even the first deputy chief of the city police in Toruń appeared, DCI Arkadiusz Górecki, accompanied by the chief of the criminal department and another officer. specified action is controversial – especially due to the wellness of the woman.
Health position and hazard group – were the measures adequate?
According to papers revealed by the media, Isabella M. belongs to a group of risks – she has breast cancer and besides has a hazard of heart attack and stroke. Nevertheless, the decision to halt her was made very quickly, which sparked a wave of protests in public space.
Especially acute reactions occurred after the portal Virtual Poland described the details of the detention. The public pointed out the excessive caution of law enforcement authorities, which many believe may have been disproportionate to the threat.
Can comment on social media end in court?
The Isabella M case opens a broad subject of free speech on the Internet. Although everyone has the right to express their opinion, the line between criticism and crime can be thin. The Constitutional Court ruling of 27 April 2021 (Event No K 3/20) stressed that freedom of expression is 1 of the foundations of democracy, but does not defend against the consequences of statements that may violate the individual welfare of others.
Many precedents can be found in the Polish jurisprudence of universal courts, where net comments ended with convictions for insulting or directing threats. An example is the 2022 territory Court ruling for Radom in which a Facebook user was fined for comparing an authoritative to a dog.
Summary and relevance of the case to society
The case of a 66-year-old pensioner from Toruń is not only a substance of individual responsibility, but besides a mirror reflection of our reality – in which emotions and frustration frequently find an outlet on the web. Social media become an arena of controversy, criticism and sometimes – unfortunately – of crossing the limits of the law.
This process will test for courts whether threats on the net will be taken as seriously as those in physical space, as well as whether the preventive measures applied to the aged and the sick are proportionate to the threat.
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“Death, man!” – The case of a 66-year-old girl from Toruń has a final in court
