The appeal court dismissed Jarosław Kaczyński's action against Waldemar Kuczyński. erstwhile oppositionist from the Polish People's Republic in entries on the X platform wrote, among others, that Lech Kaczyński is the main culprit of the Smolensk disaster.
The decision in this case was in December 2024. But only now the reasons for the decision were published, which quotes "Rzeczpospolita".
Let us remind you, the court of first instance ruled that Waldemar Kuczyński wrongfully violated the individual welfare of Jarosław Kaczyński. He was expected to print an apology on his profile on the X portal. In support of the decision, it was pointed out that the statements blamed Lech Kaczyński as the main perpetrator of the Smolensk disaster, and Kuczyński failed to prove it.
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However, the Court of Appeal has reached another conclusions. As "Rzeczpospolita" writes, the entries placing the erstwhile president liable for the disaster could "bring the region of affection in violation of these goods was not unlawful.
"In the light of Article 24(1) of the civilian Code, the protection of individual property is not absolute. individual property is only protected from illegal activities. As indicated in the doctrine, not all violation of individual welfare is besides a violation of individual law" - recalls the court quoted by the journal.
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According to the court, the suspect involved in the public debate. He utilized constitutional rights and freedoms - freedom of expression, freedom of obtaining, providing and receiving information. "It is not the function of the ruling court in this case to make any claims and hypotheses regarding the course and causes of the Smolensk catastrophe" - the Court of Appeal cites.
The court dismissed Kaczyński's action against Kuczyński
The case afraid entries which Waldemar Kuczyński posted on platform X 14 January, 10 and 12 April 2021. In the first of them he responded to the entry of Radosław Sikorski. The then MP wrote that Lech Kaczyński was a "mature president" and "was instrumental in the Smolensk disaster".
Kuczyński agreed with Sikorski writing that "he had all the bad qualities of his brother, only in the light version. In this respect he was better than him, more normal." He described Lech Kaczyński as "Sancho Pansa Jarka"and he felt that "there is no uncertainty one of the accomplices His death and 95 people."
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On April 10, Kuczyński responded to Leszek Miller's entry. The erstwhile Prime Minister suggested that the people on board shared on those who "could not do anything" and those "who could have caused the aircraft to turn around, not land or fly at all." Kuczyński replied that "there was 1 specified man - Lech Kaczyński". In the further entry stating that he is "The main culprit of this tragedy".
The last entry afraid was posted by Anna Rymaszewski. "Lech Kaczyński is 1 of the contributors to this tragedy. There are only 2 issues to discuss, whether the main or supporting, and secondly, whether acting alone or with inspiration from the brother. We don't know that, not knowing what they're talking about. I advise you to read the auditions before saying stupid things" - wrote Kuczyński.
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