Memory of Claudia from Toruń

To read how Claudia was killed, 1 had to scope for the “Fact” that relates: “The tragedy took place at around 1 a.m. from 11 to 12 June in Toruń. A 24-year-old student was coming home from work. Claudia was moonlighting as a bartender at a bar. She was then attacked by 19-year-old Yomeykert R.S. A young female was defending herself, calling for help. Although a random man reacted to her screams, 24-year-olds failed to save their lives." https://www.fakt.pl/events/Polish/torun-killing-students-in-park-terrifying-results-section-promotion/ycj92zc. The immigrant has stabbed Claudia with multiple stab wounds to the face, neck, chest.

The fact besides reveals that the killer Yomeykert R.S. was a legal immigrant from Venezuela: “He landed in Madrid on 4 February. He flew on a tourist visa there. Then he legally went to Poland within the EU – he came to Toruń.” https://www.fakt.pl/events/Polish/torun-killing-students-in-park-terrifying-results-section-promotion/ycj92zc

A communicative like many others in our country, like thousands of akin stories in Europe AD 2025. It does not shock anyone, it is apparent that akin crimes in the close future cannot be prevented. But I cannot walk past this execution indifferently due to the fact that it is simply a sign of our times, a mirror that allows us to see our reality.

A crucial increase in crime caused by mass immigration is not a fabrication of right-wing media, nor taboids, but it became inactive in the interwar period the foundation of Thorsten Selin's cultural conflict theory.

As explained by Paulina Chmiel-Antoniuk, Maciej Duda and Magdalena Ickiewicz-Sawicka in Culture and Crime: "The precursor of investigation on cultural conflict and its consequences in the field of criminal law and criminology was Thorsten Sellin , who skillfully combined positivistic concepts of standards of conduct with an effort to explain the etiology of crime in culturally different environments and civilizations. T. Sellin defines criminal law as a set of standards of conduct established by a politically dominant group and sanctioning behaviour that violates socially crucial values. Cultural conflict is now a consequence of mobility and migration of large groups of people. It usually occurs on a cultural border, where different cultural and cultural groups mix and interact, sometimes be in tolerance and peace, but sometimes make conflicts and commit violence. T. Sellin, examining the level of crime in European immigrant communities in the US, distinguished 3 types of criminal acts: the conflict between the standards of conduct of fresh and old culture, the confrontation of agrarian culture with urban culture and the transition from a homogenous group to a diverse and multi-layered society. On European grounds, cultural crime occurred in the early 1990s. They were introduced to criminology by Dutch investigator Frank Bovenkerk, who described these crimes as "cultural practices considered illegal by state law standards". At this point, there is simply a conflict of divergent interests and legal cultures from fundamentally different cultural systems. This is due to the fact that an individual is forced to operate in respective normative systems, which, by nature, creates conflict. Today, many young immigrants operate in at least 2 systems. Firstly, it must adhere to the value of its ‘community’ culture, which derives from the household tradition, at the same time must not ignore the value of the dominant culture in the place of residence. In specified a situation, young people stay on the border between 2 worlds and can no longer full identify with any of them. The first values of a given unit are rather different from those of a group that officially judges its behaviour and punishes it according to Western European legal standards.” https://uwm.edu.pl/criminalism/sites/default/files/uploads/culture-a-crime.-social-cultural-condition-criminality.pdf

According to the explanation of cultural conflict, immigrant societies disagree in values from indigenous Europeans, which must origin a conflict of standards, and consequently an anomaly and an increased number of crimes committed by immigrants. It is, however, essential to state that it is hard to imagine that there are cultures that members do not consider morally reprehensible acts specified as murder, rape, beating or arson. Immigration origin cannot be a mitigating condition for the perpetrator, who would claim that in his cultural circle, specified acts are not condemned due to the fact that they are manifestly evil in itself.

Criminologists' observations leading to the conclusion that mass immigration causes an increase in crime including offences against sexual freedom were known by the legislature, which, by the Act of 7 July 2022 amending the Law – Criminal Code and certain another laws (Journal of Laws No. 2600), increased the statutory threat for rape referred to in § 1 (basic type) from 2 to 12 years, to a scope of 2 to 15 years, increased the statutory threat of punishment for a rapist acting with peculiar cruelty or serious wellness harm to a word of imprisonment from 5 years to or a life conviction and added to Article 197 § 5 as follows: ‘If the consequence of an act referred to in § 1-4 is the death of a person, the offender is subject to a word of imprisonment for not little than 8 years or a life conviction of imprisonment.’

It seems apparent that the crime of rape was committed in pre-state times, and its social harm, which should reflect the statutory threat of punishment, did not abruptly change in 2022. The legislator so appears to have tried to counter the emergence of this kind of crime by exacerbating the penalties foreseen for perpetrators. It can so be assumed that an increase in the statutory threat for a crime of rape indicates the concern of the legislator against an increase in the number of specified crimes. The reading of this bill leads to the conclusion that 1 of the amended acts in it was besides the Act of 12 March 2022 on the assistance of Ukrainian citizens in connection with the armed conflict in the territory of that State. Therefore, while it is possible to question the causal link between the amendment of the law on assistance to Ukrainian immigrants with the tightening of penalties for the offence of rape and even the rationality of specified action by the legislator, the 2 amendments were undoubtedly made by the same law.

The substance of the proposal to amend the penalties for the offence of rape was cited by K. Nazar and J. Warylewski: "The newization of the Constitutional Code2022 provides for crucial changes in relation to Article 197 of the Constitutional Code. The explanatory memorandum to ZmKK2022 indicated that "The most crucial ... origin of the modification within the offence of rape is the reasons for the criminal policy to combat crime directed against sexual freedom in 2 respects. Firstly, the increased statutory hazard for qualified types has a certain deterrent value, which means that it is more likely to have a detractive effect than that of the basic type. The modified types, accompanied by a different kind of basic threat of punishment, supply clear information to the public (potential perpetrators) about a different legal assessment of separately defined acts. The second aspect justifying the proposed changes is linked to the problem of the penalty. The modified statutory (ordinary) punishment threat gives full assurance that the desired punishment policy will be implemented in respect of these peculiar cases.(...)» The above is intended to rise the advanced limit of the statutory threat in the basic kind referred to in Article 197 KK (from 12 to 15 years imprisonment). In § 3, point 2 (moved to § 4) is to be repealed and 3 fresh qualified types are added, i.e. to commit rape if the offender uses firearms, a knife or another akin dangerous object or an incapacitating agent or acting straight life-threatening; to rape the pregnant female and to commit rape by perpetuating the image or sound from the course of the act." [K. Nazar and J. Warylewski in: R. A. Stefański (ed.) Criminal Code. Commentary, Warsaw 2023, Art. 197).

The revision should be assessed positively, but the possible impact of the amendment on the behaviour of offenders may be limited. While the increase in the statutory threat will let for the separation from the public of perpetrators of crimes who have been caught for a long time, the impact of the exacerbating punishment of the amendment on perpetrators who have not been detected and possible perpetrators is illusory, as it is hard to presume that the possible perpetrator, in peculiar the poorly-known Polish language or the unknown one, has read the Criminal Code at all, has been aware of the penalties provided for and has considered the cost-effectiveness of committing the crime and, as a consequence of this reflection, has abandoned his intention. The perpetrator is usually convinced that he will not be caught and hopes to avoid punishment, while the statutory threat for individual crimes, nevertheless easy to find on the Internet, is not universal knowledge. The tightening of penalties for the offence of rape so eliminates perpetrators whose identity has been established from society, but the deterrent effect of the amendment raises serious doubts.

The tightening of penalties for perpetrators who rape with a knife or another likewise dangerous tool, perpetrators with peculiar cruelty, and perpetrators who straight threatened their lives indicate that the legislator expected an increase in the number of violent crimes. The presumption of rational action of the legislature allows the legislator to presume that in July 2022, a fewer months after the outbreak of the war in Ukraine, the legislator had crime statistic indicating an increase in the number of specified crimes or predicted that specified an adverse change would occur.

In the light of cultural conflict theory, the origin of the increased number of rapes may have been mass immigration, which in our country began around 2018. According to the data on permits for abroad residence: “In 2018-2022 the Polish state issued over 2,000,000 first permits for abroad residence, mainly Ukrainians, but besides Belarusians, Hindus and Georgians. It's more than Germany or Spain at the same time.

Eurostat data (2018-2022) on the number of permits:

– Poland 2 030 767

– Germany: 2 020 309

— Spain: 1 813 047’ [https://konfederation.pl/to-pis-runmil-massowa-immigration-to-Polish/]

Mass migration to our country was accompanied by the allocation of EUR 313 521 872,23 to migrants by the Asylum and Integration Fund from 2021 to 2017. https://www.gov.pl/web/dfe-mswia/fund-asylum-migration-and-integration-2021-2027 This amount, in order to scope the state budget or the budget of the European Union, had to first affect this budget in the form of our taxes.

The first and most honest answer is that it is impossible to reconstruct safety in the streets of our cities. Poland is now a fenced vineyard, as described by the prophet Isaiah (Isaiah 5:5-6). It is no longer possible to dream of all students at our universities always reading Mr Tadeusz, knowing who Mieszko was or knowing the multiplication plaque. These days are gone forever. They left at dusk, like knighthood, earthland or honor.

Formulating to the legislator demands further tightening of penalties, may improve our well-being, but it will not make our streets or parks safe. It is besides hard to anticipate that, in view of the increase in crime, accompanying the conflict of cultures, on all square and corner of all street, there will be a policeman guarding our security, or by the end of our country, in parks, guarding day and night civic patrols. The murmuring announcements that after 6 August, as with the contact of the magic wand, our limits will be safe https://independent.pl/politics/nawrocks-o-tem-what-reply-tusk-after-6-August-borders-beda-safe/546906#goog_rewarded not only seem naive, but besides do not mention to ensuring safety on the streets, for example Toruń. The average Pole meets immigrants all day in front of his home, at the university, in the workplace, in the store or in a tram. The possible sealing of borders would not prevent the execution of Claudia, who came to Poland legally.

With the mouth of Fr. Robak, Adam Mickiewicz taught the nobles in the inn: “Mospans,” said Bernardine, “a woman’s thing to complain about, and the judaic thing, wearing hands, waiting. Before anyone gets to the inn and knocks on the door With Napoleon beat the Moskals not art.”

Although I do not see any solution to the problem of crime in our country, I will remind you that each of us has the right to defend not only erstwhile he himself becomes a victim of assault, but besides erstwhile he is simply a witness. Pursuant to Article 25(1) of the Criminal Code, no criminal offence is committed, who, in the essential defence, refuses a direct, unlawful attack on any good protected by law. The most crucial thing about the essential defence, which is worth repeating, is that it can be taken not only in the defence of its own legal assets, but besides in the case of another individual who has been attacked, as confirmed by Mr Daniluk: “Help necessary. The essential defence is permitted against attacks against both the legal property of the defender and the legal property of another person. The second can be described as essential assistance." [P. Daniluk [in:] R. A. Stefański (ed.), Criminal Code. Comment, edition 7, 2025, Article 25]. Thus, the witness has the right not only to call the police or to supply assistance to the victim, but besides to have specified a far-reaching violation of the offender's legal property, which fulfils the characteristics of the crime, for example, the injury of the body, and even the deprivation of the attacker's life in utmost situations. However, Article 25(1) of the Criminal Code requires that, erstwhile resisted with the essential defence, the essential attack does not restrict the cases of defence essential for the situation in which the perpetrator has already committed a prohibited act: "For the determination of the assassination, it is so indifferent whether the legal right is already violated by the attacker (e.g. he has deprived the victim of liberty and maintains specified a condition), or whether he is only trying to harm the victim (e.g. he is trying to strike him); cf. SA in Lublin of 26.5.2008 (II AKa 93/08, inpubl.)." Comment, edition 7, 2025, Article 25].

For the sake of order, Article 162(1) of the Penal Code provides a legal work to assist a individual who is in immediate danger of failure of life or of serious harm to health, if it is possible to grant it without endangering himself or another individual to the danger of failure of life or serious harm to health. The legal strategy so does not require witnesses to take the essential defence to take distant a knife or machete from their attacker, but where the perpetrator of the offence does not usage firearms, knives or another likewise dangerous objects, it appears that non-assistance may constitute a criminal offence with the characteristics set out in Article 162(1) of the Criminal Code.

The execution of Claude of Toruń reminded that immigrants are frequently armed with knives, as is the owner of a kebab from Elk, who stabbed a Pole on fresh Year's Eve 2016/2017 in defence of 2 stolen bottles of drink. https://www.rmf24.pl/facts/polska/news-killing-kolo-baru-z-kebabem-w-elku-tunisian-convicted,nId,4348820

In accordance with Article 50a(1) of the Code of Offence, it is an offence to have a knife, machete or another dangerous object in a public place where the circumstances of possession indicate the intent to usage it for the intent of committing a crime. According to S. Krajnik: “Just having a knife in a public place does not necessarily mean wanting to commit a crime. In times of widespread terrorist attacks, in view of the regulation of firearms, it is possible to imagine that different types of white weapons are carried in public places to be utilized in defence of the essential and so in counter-typical conditions. As indicated in literature, another legitimate objectives specified as professional, historical and reconstructive or recreational activities may besides be involved." [S. Krajnik in: Jerzy Lachowski (ed.) Code of offences. Comment. Warsaw 2021, Art. 50a]. This view shows that having a knife in a public place or even a machete in order to defend it is simply a legitimate nonsubjective and does not constitute an offence. Perhaps, then, in our dangerous times, it is worth reasoning about hiding a knife in a bag.

Having a pocket knife apparent to a man of pre-war and business times: “ So they were rushed to undermine the tracks with... files, pocket knives, even car cranks. Cold grew, so they dug vigorously. Rudy insured the work.” [Aleksander Kamiński “Rocks to the Rim”].

B. L.