In 2016, the metal band embarked on the “Rzeczpospolita Niewierna” tour with the Bolzer and Batushka bands. The concerts were promoted by a poster that referenced the Polish coat of arms. The illustration depicted an eagle without a crown on a red background with an inverted cross. Snakes coiled around the bird, and horns grew from its head.
The prosecutor’s office withdrew the charges against Adam Darski
– the leader of the band Behemoth, the author of the illustrations – graphic artist Rafał Wechterowicz and the manager of the group’s website and store Maciej Gruszka were accused by the prosecutor’s office of insulting the Polish coat of arms on the aforementioned poster. The Court of Appeal in Gdańsk overturned the acquittal of the accused and referred the case for re-examination in the District Court in Gdańsk.
TVN24, after a re-analysis of the evidence in the case, the Regional Prosecutor’s Office in Gdańsk withdrew the indictment from the court. – The re-analysis of the evidence and the charges in the indictment led to the conclusion that the defendants exercised the right to freedom of expression, guaranteed to all citizens of the Republic of Poland by the Constitution, the European Convention on Human Rights and Fundamental Freedoms, the Universal Declaration of Human Rights, and the International Covenant on Civil and Political Rights – explained the spokesman for the Regional Prosecutor’s Office in Gdańsk, prosecutor Mariusz Marciniak.
The main dispute between the prosecutor’s office and the accused was the issue of assessing whether the eagle on the poster refers to the national symbol or whether it is a loose artistic vision of the creators. – The accused presented the view of permitted artistic freedom, while the prosecutor used the term “White Eagle”, attributing to the disputed graphic the feature of a symbol of the Republic of Poland – explained Marciniak.
Prosecutor: The indictment was based on incorrectly assessed evidence
According to the provisions of the Constitution of the Republic of Poland, the Polish emblem is an image of a white eagle with a crown on its head turned to the right, with spread wings, a golden beak and talons on a red shield field. – Applying the above, very precise definition of the emblem to the disputed graphic, the prosecutor found that the disputed graphic is not the emblem of the Republic of Poland – TVN24 quotes the prosecutor’s decision.
In addition, the analysis of the creative process of the aforementioned poster clearly showed that the graphic was not created as a result of the transformation of the coat of arms of the Republic of Poland. The coat of arms could only have been an inspiration for the creators, who at most referred to it. The investigators reported that the regional prosecutor in Gdańsk stated that the indictment was based on “incomplete and incorrectly assessed evidence”.
The accused may accept the prosecutor’s decision, which will result in the court discontinuing the proceedings. However, if Nergal and his associates decide to file a complaint, the case will return to the District Court in Gdańsk.
Source: Gazeta
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