The case of Jakub ¯ulczyk and Andrzej Duda. The prosecutor’s office appealed. “A series of shortcomings”

In March last year, Jakub ¯ulczyk informed about the case brought against him by the Warsaw prosecutor’s office. “I have just found out that the District Prosecutor’s Office for Warszawa Śródmieście Północ has filed an indictment against me under article 135 of the Criminal Code, that is, insulting the head of State, to the District Court of Warsaw” – emphasized the writer

It was about a Facebook post from November 2020, in which ¯ulczyk commented on Andrzej Duda’s position on the American presidential election. Duda did not congratulate Joe Biden on his victory then, but only on “a successful campaign”. He also wrote that he was waiting for Biden’s nomination by the Electoral College. “I have never heard of an American election process involving something like a ‘nomination by the Electoral College.’ Biden won the election. (…) Everything from today – the rest of the votes, electoral votes – is pure formality. Joe Biden he is the 46th president of the USA. Andrzej Duda is a retard “- said the writer.

The prosecutor’s office makes an appeal

In January this year, Tomasz Julian Grochowicz, judge of the District Court in Warsaw, ruled that Jakub Żulczyk did not commit a crime, and therefore cannot be held criminally responsible. As the judge emphasized, a crime is not an act of negligible social harm.

Now, as he emphasizes, the District Prosecutor’s Office in Warsaw decided that the court’s decision was affected by “a number of shortcomings”, and therefore wants the judgment to be set aside. “The prosecutor’s office emphasized that the subject of the case was not the entry of the accused as such and the criticism contained therein. According to the prosecutor’s office, the illegal form used in the last sentence of his entry, Żulczyk, is outside the scope of this type of criticism,” – informed PAP.

The prosecutor’s office therefore appealed.