Freedom of Expression and the Protection of Public Monuments and Memorial Sites (Article 261 of the Polish Penal Code): Gloss to the Judgment of the District Court in Włocławek of February 25, 2021, II K 1789/20

In the referenced case, the defendants were charged with insulting the monument of Cardinal Stefan Wyszyński, located in Kopernik Square in Włocławek, Poland, by gluing an offensive poster thereto. The poster resembled an obituary, and its content contained vulgar words. It also contained references to civil disobedience. The defendants' action resulted from the judgment of the Constitutional Tribunal which abolished one of the conditions for the legality of the abortion. The court, finding that the conditions for using this institution had been met, conditionally discontinued the criminal proceedings against the accused for a probationary period of one year. The court's balancing of the need to protect the freedom of expression of the accused and the worship of the person commemorated on the monument and the feelings of people for whom this figure has a symbolic meaning should be assessed as correct, based on the judgment of the ECtHR in the case of Handzhiyski v. Bulgaria of April 6, 2021.

In the referenced case, the defendants were charged with insulting the monument of Cardinal Stefan Wyszyński, located in Kopernik Square in Włocławek, Poland, by gluing an offensive poster thereto. The poster resembled an obituary, and its content contained vulgar words. It also contained references to civil disobedience. The defendants' action resulted from the judgment of the Constitutional Tribunal which abolished one of the conditions for the legality of the abortion. The court, finding that the conditions for using this institution had been met, conditionally discontinued the criminal proceedings against the accused for a probationary period of one year. The court's balancing of the need to protect the freedom of expression of the accused and the worship of the person commemorated on the monument and the feelings of people for whom this figure has a symbolic meaning should be assessed as correct, based on the judgment of the ECtHR in the case of Handzhiyski v. Bulgaria of April 6, 2021.