Ukrainian journalist Witalij Mazurenko, who was one of the guests of the “Gozdyra Debate” on Polsat TV, commenting on the presidential veto of the Act on the help of Ukrainians, sharply criticized Karol Nawrocki.
Mazurenek stated that “Mr. Nawrocki's rhetoric and behavior are not presidential behavior, but a past behavior. This is how the criminal leader is defined in Russian prisons.” The host of the program pointed out that these words are offensive to the President of Poland.
On Tuesday, late in the evening, Mazurenko published a Facebook statement in which he apologized for his words. He emphasized that as a Polish citizen, he has state institutions and President of the Republic of Poland “full respect”adding: “I apologize to everyone whose feelings could be affected by my words.”
The head of the Chancellery of the President of the Republic of Poland, Zbigniew Bogucki, wrote on the portal X that Mazurenko should be prosecuted ex officio for public insulting the President of the Republic of Poland.
See also: Did Karol Nawrocki make a mistake? Here are the effects of veto in the matter of Ukraine [ANALIZA]
Sebastian Kaleta and Błażej Pobość also expect the initiation of an ex officio investigation, and Dariusz Matecki is planning a notification in this matter. What can Vitalij Mazurenko be responsible for?
See also: Vitaly Mazurenko offended the president. Zbigniew Bogucki about the collection of Polish citizenship
As the lawyer Andrzej Zorski explains, anyone who insults the president can get an allegation of violation of Article 135 of the Penal Code. According to him, who publicly insults the president, is subject to the penalty of imprisonment of up to three years. And this is not a dead recipe, although the courts rarely agree with the prosecutor's office. It all depends on whether the permitted criticism has been exceeded.
– The analysis of the current case -law shows that it is more punishable to formulate false allegations that can be assessed in terms of truth or falsehood – For example: “The president is a guardian of the interests of Moscow or Berlin” – than even sharp statements, but of a rating or even theatrical nature – e.g. a moron. We consider something more like exceeding good taste, if he accuses some false behavior, and not if it's an epithet – says Zorski.
How did the courts decide in matters of insulting the president?
In 2006, homeless Hubert H. was accused of The insulting of President Lech Kaczyński for greeted the policemen while held at the Central Station with the words “You, Kmiota Kaczyński …”. His case was discontinued, although the prosecutor's office ex officio demanded three months in prison suspended for two years. However, the Warsaw District Court decided that the harmfulness of the act was negligible, because the statements of the accused did not affect the effectiveness of the president's performance and did not weaken his power.
The case of writer Jakub Żulczyk, who called Andrzej Duda, also ended with the redemption. The prosecutor's office accused Żulczyk of insulting the president, but the courts decided that the term used by Żulczyk had a marginal function, and when considering the case, the entire entry and his context should be taken into account. The whole post was like this:
“I have never heard that in the American election process there is such a thing as” nomination by the electoral college “. Biden won the election. He won 290 certain electoral votes, ultimately, after recalculating votes in Georgia, he will probably win 306 to win, he needed 270. The federal, central body of the office, in whose gesture lies this announcement. Andrzej Duda is a moron. “
According to the courts: district and appeal, as well as the Supreme Court, a provision regarding The insulting of the head of the state should not exclude the right to formulate critical, even very sharp assessments, as long as they serve public debate.
Pastor Paweł Chojecki was less lucky. The District Court in Lublin sentenced him to eight months of restriction of liberty in the form of social work for insulting, among others President Andrzej Duda and an insult to Catholics' religious feelings during the television internet programs “Go against the tide.” In relation to President Andrzej Duda, the pastor used such statements as: “The president is a guardian of the interests of Moscow or Berlin”, “he is a sleepy agent”, “You will finish”.
Bartosz Ś. On posters with the image of President Andrzej Duda, he wrote, among others “5 years of shame”, And he also crossed out the image of the head of the state and drew male genitals on his forehead. The District Court in Toruń imposed a six -month limitation of liberty in the form of social work, because he decided that the drawing in a public place was a form of insult.
The District Court in Lublin also found it Obligation to call President Bronisław Komorowski, among others “A vile bastard”, “slave from the village”. The court had no doubt that the comments posted on the internet insulted the then president and sentenced their author to one year of restriction of liberty by performing free and controlled work for social purposes of 20 hours per month.
