3 months of ruthless prison for insulting Ukrainians – Such a conviction was heard by Mr Jerzy Andrzejewski [sent consent to the publication of the name – JM], an entrepreneur from Lublin, who, as he points out, took 40 Ukrainian women with children under the roof in 2022, in the era of the outbreak of the Ukrainian-Russian war.
On 28 April 2023, the Lublin-West territory Court sentenced Jerzy Andrzejewski to 3 months imprisonment as comments whose content was deemed offensive to Ukrainians.
– Who publically insults a group of people or a individual due to their nationality, ethnic, racial, spiritual or due to their undenominationality, or for specified reasons violates the physical integrity of another person, is subject to imprisonment for up to 3 years – is Article 257 of the Penal Code on the basis of which a man was convicted. On 24 October 2023, the Lublin territory Court maintained its sentence.
“Apologize for Volyn”
As a consequence of an accusation made by prosecutor Katarzyna Urban of the Lublin-West territory Attorney's Office, the man was convicted of publishing online entries of the following content [I kept the first spelling – ex. JM]:
– First let Ukrainian sabaki They will apologize for Volyn and announce the band of the oppressorsand then I ask for help. – the entry was a consequence to comments by Bartłomiej Pejo in a group called “Bartłomiej Pejo – Forum of Sympathics” with the following content: Polish-Ukrainian relations should be based not only on support in the face of the crisis, but besides on common respect. The Ukrainian side, demanding assistance from Poland, should fight all manifestations of the glorification of criminal UPA alternatively of supporting it.
– Now I realize that if you have a Ukrainian neighbour buy a firearm and keep it at your fingertips – the entry was a consequence to “a movie showing Ukrainian children who shouted criminal slogans at the Polish school”.
– erstwhile we leave the collective farm, let them accept flag Sworch — This entry was a consequence to an article by the Kresy.pl portal describing the message of the head of parliament of Ukraine about “every day of delay” in the transportation of arms to Ukraine meaning “100 killed soldiers and 500 wounded”.
– You should not be welcome in Poland either. You're pushing each other's way.I'll be happy to talk to you in private, but it was in the Ukraine, read with knowing and then compose back – these entries were a consequence to an article by the Kresy.pl portal entitled “Ambassador of Ukraine: Ukrainians do not feel welcome in Germany”.
– Clever chasa scum – answer to the article on the Kresy.pl portal entitled “Zelenski: Ukraine lacks $5 billion all month”.
The man was besides found guilty of publishing a graphic depicting 2 hands holding the inscription To the rams of caution, on which 1 of the hands symbolizes Poland, and the another 1 – having a tooth-shaped finger and biting Poland – Ukraine.
All Ukrainians are banders?
After analyzing Andrzejewski's entries in comparison with the fact that he took 40 Ukrainian women and children under his roof in 2022, it can be concluded that the man does not compose straight about “the Ukrainian population group” and does not insult anyone due to nationality, ethnic, racial, spiritual or due to its undenominationality (see Article 257 k.k.). If we are to talk of any insult, it is only due to recognition with the criminal flag ideology or the conduct of behaviours subject to universal criticism (cf. the case of Ukrainian school youth, “pushing each other”, statements by Volodymyr Zelenski, etc.), and this does not exhaust the signs of the crime referred to in Article 257 k.k. A different conclusion can be made only if the mistaken presumption that all Ukrainians are banders is not true.
Meanwhile, the court accepted the thesis a priori, due to the fact that Ukrainians from the CNS and UPA carried out genocide in Poles (the “organization and conduct of genocide of Polish civilian population”), this has its reflection in “the ominous attitude of Poles to the Ukrainian population”. This claim was not supported by any opinion of experts of political scientists, historians or witnesses who refuted the explanations of Jerzy Andrzejewski, who clearly indicated that he condemned the flag ideology, not Ukrainians due to their origin. And after just 1 sitting, just like that, justice Marta Górna-Gielara passed her sentence. conviction under a predetermined thesis.
At this point, I would add that a akin argument as Upper-Gielara accepted by justice Aneta Talaga of the territory Court for Wrocław-Śródmieście, who concluded that by chanting the slogans “Polska anti-Banderowska”, “We say NO to Stepan Bandera”, “We say NO to the banner hate”, I spread hatred towards Ukrainians. True, in my speech I said “we have nothing to do with peaceful Ukrainians, we simply do not agree to the promotion of flagism”, but it did not prevent the justice to admit that I smuggled all Ukrainians under the terms “Bander” and “Bander”. Consequently, in 2022, among another things, for these words, I was sentenced to 12 m of restrictions on freedom. I'm describing the case in the book. “Neighbours. Last Witnesses of Ukrainian genocide in Poles”.
Scare off the followers
Jerzy Andrzejewski was sentenced to 3 months in prison. How does the court explain specified a advanced sentence?
– In the view of the Court of First Instance, specified a punishment will let the suspect to be given basic social standards specified as the request to see the legal order. It will be a deterrent to the accused and possible followers his conduct to commit akin acts – we read in the message of reasons.
Interestingly, before the case went to court, the man was given a warrant in which he was sentenced only to PLN 1.5 thousand. As he points out in his conversation with me, he appealed against this judgement for rule due to the fact that he is convinced of his innocence. However, he did not anticipate a fine of PLN 1.5 1000 in express terms to increase to 3 months imprisonment. Now Mr Jerzy declares that he has applied for the anticipation of imprisonment under electronic supervision (the alleged “branchet”) and will apply for a conviction in the ultimate Court.
Bottom line. I have not yet heard that any foreigner has been sentenced to specified a advanced punishment for entries insulting Poles due to their nationality or religion. What is more, I observe a different trend: the remission of proceedings and the acquittal of those who, in my opinion, are highly impertinent to provoke, insult national symbols, Poles and Poland. Just mention the case of Ukrainian, Bulgarian and judaic boy who was acquitted for publishing an entry containing a message “Polsko you hiju” and Adam “Nergal” Darski, acquitted for the public adventure of Scripture, or trampling on the image of Our Lady.
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