On Tuesday, May 23, the Supreme Court dismissed the cassation appeal of the prosecutor’s office in the case of Jakub Żulczyk. He considered it unfounded and decided to uphold the judgment of the Court of Appeal in Warsaw, which in the previous judgment stated that the writer had not committed a crime, and his entry had negligible social harmfulness.
When dismissing the cassation appeal, the Supreme Court noted that the appellate court – contrary to the prosecutor’s claims – referred to all the allegations of the appeal and carried out an appropriate review of the earlier ruling. – Only not as the prosecutor wanted it – judge Kazimierz Klugiewicz emphasized in the appeal.
In addition, the Supreme Court noted that, in general, the courts recognize the derogatory meaning of the word “moron”. – At the same time, the courts assumed that in these specific circumstances, in this specific case, the social harmfulness of this behavior is negligible – judge Klugiewicz justified. As he added, this assessment is, according to the Supreme Court, correct.
Jakub Żulczyk criticized the president. “Andrzej Duda is a moron”
After the presidential election in the United States three years ago, President Andrzej Duda tweeted: “Congratulations to Joe Biden for a successful presidential campaign; pending the Electoral College nomination, Poland is determined to maintain the high level and quality of its strategic partnership with the US.” Writer Jakub ¯ulczyk decided to comment on this entry.
“I’ve never heard of there being such a thing as ‘electoral college nomination’ in the American electoral process. Biden won the election. He got 290 sure electoral votes, eventually after Georgia’s recount, he’ll probably get 306 to win, he needed 270. The president-elect in the US is “announced” by the news agencies, there is no federal, central body or agency responsible for the announcement. Everything that takes place from today – countdown, electoral ballots – is a pure formality. Joe Biden is The 46th president of the USA. Andrzej Duda is a moron, “wrote Jakub ¯ulczyk on Facebook.
In connection with this entry, a notification from a private person was received by the prosecutor’s office. The prosecutor’s office conducted an investigation, and later filed an indictment with the court, accusing Żulczyk of insulting the president. In January 2022, the District Court in Warsaw discontinued the case, ruling that Żulczyk had not committed a crime. It was said that the provision on insulting the head of state should not exclude the right to critical assessment if it serves the purpose of public debate.
The prosecution then decided to appeal. In September 2022, the Court of Appeal in Warsaw upheld the judgment of the court of first instance, stating that the word used by the writer had an insignificant function, and the entire entry and the context in which it was created should be taken into account when considering the case. The district prosecutor’s office filed a cassation appeal against this judgment, which was dismissed by the Supreme Court on Tuesday, May 23.
Source: Gazeta
Bruce is a talented author and journalist with a passion for entertainment . He currently works as a writer at the 247 News Agency, where he has established himself as a respected voice in the industry.
