He called the soldiers "trash". The court ruled on Władysław Frasiniuk

Władysław Frasyniuk has been accused of utilizing to the soldiers protecting the state border with the wording "insulting and humiliating in public opinion, and risking the failure of trust essential for the service."

It's a message about officers. protecting the Polish-Belarusian border, which aired on TVN24 in August 2021.

– The soldier's word is Humiliating for all those who were on Polish missions abroad. I feel like this is dog packwhich surrounded poor, weak people," Frasyniuk said.

He added that this is not the way soldiers do. – Trash. These are not human behaviors. You should be straight. This. anti-Polish behaviour. These soldiers do not service the Polish state. On the contrary – they spit on all the values that most likely their parents or grandparents fought for," he said.

Władysław Frasyniuk insulted the soldiers. The court decided

On Monday, the territory Court for Wrocław-Śródmieście decided that Frasyniuk breached the dignity and good name of the soldiers. He sentenced him to this offense (Article 216 par. 2 kk) to 15 1000 zł fine. The conviction is invalid. Frasiniuk announced that He'll appeal.

Judge Piotr Górecki stressed in his oral justification that Frasyniuk had the right to criticism and benefited from this by most of his tv speech, without violating his rights. However, these 3 words describing the soldiers on the tv screen as “trash” and “watahs of dogs” were exceeding the right to criticism and violated the dignity and good name of the soldiers.

– It does not substance whether these soldiers have been affected or offended, due to the fact that it is not a subjective assessment of a given man, but the nonsubjective meaning of these terms and words. It is clear to all that the terms “trash” and “wataha dogs” are pejorative, degrading and demeaning people, his humanity – said the judge.

The justice explained that The court didn't find in the statements of the accused grounds for convicting him of—as the prosecution wanted— insulting an officer in the performance of his duties (Article 226 kk), but Article 216 par. 2 kk, which refers to a violation of dignity and a good name, was violated.

Frasiniuk is announcing an appeal. He took the level after his sentence.

Frasiniuk After the judgment, he assessed that the justification was for him as most beneficial, since the court considered that the Constitution of the Republic of Poland and the European Charter of Human Rights were not violated and that it was possible to talk harshly and critically in public speeches.

– What the court said about me in a good way, in nothing does not translate into what he said at the endThat's my fault. But why did the court feel that I should endure the consequences? The court said that human dignity must not be violated. I realize that the justice is simply a racist and that the dignity of the white man – officers of Polish services – was violated, said Frasyniuk.

As he stated, no of the soldiers felt that Frasiniuk had insulted them. – More – there is 1 officer who said: I heard, saw, I was there. I don't feel offended by Frasiniuk. possibly that's due to the fact that they're "puppies" Human rights, dignity and sensitivity do not apply to those with different skin color – said Frasyniuk to journalists.

When asked if he would repeat these words in public statements, he said yes.

Władysław Frasyniuk before the court. First process: conditional termination of proceedings

District lawyer in Warsaw indictment former MP and oppositionist from the times of the Polish People's Republic Władysław Frasyniuk directed to the territory Court for Wrocław-Śródmieście on 23 December 2021. The trial began in June 2022. He was. Classified.

In August 2022, justice Anna Borkowska issued the first ruling in this case. Court conditionally dismissed the case for 1 year of trial. Frasyniuk was besides expected to pay PLN 3 1000 to the Fund for Harmful Assistance and Postpenitentiary Assistance.

Judge Borkowska, justifying the ruling, stressed that the facts in this case no doubt, due to the fact that its subject is Frasiniuk's media statement. – The accused did not dispute at the proceeding the fact that certain assessments were given to soldiers serving on the Polish-Belarusian border last August. The issue is, on the another hand, Legal evaluation of this statement – said the judge.

She pointed out that the most crucial issue in this case was conflict of 2 goods, 2 values. “The right to dignity and the protection of a good name and the right to criticism and expression of the opinion provided for in Article 10 of the Convention on the Protection of Human Rights and Fundamental Freedoms,” said the judge.

She added that erstwhile examining the defendant's statement, the court found that in majority This message “uses the protection provided for in Article 10 of the Convention as Statement within the framework of the right to criticism and freedom of expression‘.

The case of Władysław Frasiniuk. Second instance court ordered the retrial

– The words: “a crowd of cowards”, “watah of dogs”, which has cornered poor, weak people, “these anti-Polish behaviours, these soldiers do not service the Polish state”, although they are negative, strong and offensive, located in the law for criticism. These words constitute a critical assessment of the activities of Polish services during the exile crisis on the Polish-Belarusian border last August. They were spoken by the suspect with the intention of bringing public attention to the problem of the way Polish services act and strength towards immigrants," the justice said.

She added that “different assessment the court has made a mention to the word ‘loan’ utilized in the same message to the soldiers.

– usage of this wording is not justified in order to talk to the accused, which was to draw attention to the problem of the treatment of immigrants. The phrase “trash” is offensive, humiliating and contemptible for all single person,” said the judge, adding that the accused has exceeded the right to criticism and expression, and the wording has exhausted the marks of the offence in Article 216 kk.

The justice added that the degree of social harm to the act, committed by the accused "although undoubtedly higher than the insignificant, it is not significant, nor is the defendant's fault."

The appeal process in this case took place before the Wrocław territory Court – besides excluding disclosure. The Court of First Instance annulled the judgement of the Court of First Instance in November 2023 and forwarded the case for review. First instance ruling challenged defencewho demanded acquittal, and ProsecutionWho applied for the conviction of Frasiniuk.