The territory Court for Warsaw-Śródmieście dismissed the case against Jarosław Kaczyński on Thursday, even though justice Łukasz Grylewicz confirmed that the president of the Law and Justice Office actually struck the prosecutor. The justice stated in an oral message that "there was a double hand strike by Jarosław Kaczyński in the face of a private prosecutor".
The decision to dismiss the court made due to "minor social harm" of the act. "Of course, specified conduct must not be approved, but, on the another hand, due to the peculiar circumstances, the exceptional situation in which this behaviour occurred, the court considers that the social harm of this act was negligible, so it is not a crime" - explained justice Grylewicz.
Special circumstances
The justice estimated that Kaczyński's strokes were comparatively light and called them "slaps", which "did not harm the accuser who undoubtedly had a physical advantage over the accused" - according to businessinsider.com.pl. He pointed out the situation in which Kaczyński found himself, who, during the celebrations of the Smolensk monthly magazine, squeezed through a large group of people pushing him.
The justice besides stressed that Komosa was in close proximity to the PiS president and spoke loudly through the microphone. "The content presented by the prosecutor addressed to the accused should not only be considered controversial, but above all it could have been content that could have touched, hurt personally the accused" - he added. As the newspaper.pl reports, Komosa regularly submitted wreaths with a controversial inscription: "Memoirs of 95 victims of Lech Kaczyński, who, ignoring all procedures, ordered pilots to land in Smolensk under highly hard conditions".
Failed settlement attempt
According to the newspaper.pl and onet.pl, in December 2024 there was a proposal for a settlement that required Kaczyński to apologize for "a lie about the Smolensk assassination" in exchange for dropping the charges. The settlement failed, and the case went to court.
Kaczyński and his defender did not appear at the ruling announcement or at an earlier hearing. The defence requested that the proceedings be dismissed as early as June, citing actions under conditions of higher necessity and insignificant harm to the act.
Response to Judgment
Komosa and his attorney-at-law Jerzy Jurek objected to the request for dismissal, stressing the request for individual explanations of the accused. "I'm amazed at the explanation of the court. I don't really know how to comment on this, due to the fact that it shows that there are rather suggestive conclusions attached to the files. The second instance remains, and we hope that the court will examine the material collected in the case files" - said Komosa to journalists.
The investigation concerns the incidental of 10 September 2024 in Piłsudski Square in Warsaw during the Smolensk monthly celebration. Komosa filed a private indictment under Article 217 of the Penal Code for Violation of Physical Immunity, and the Sejm waived immunity to Kaczyński on 6 December last year with 241 votes in favour at 206 against.
Sources used: "PAP", "gaseta.pl", "onet.pl", "businessinsider.com.pl" Note: This article has been edited with the aid of Artificial Intelligence.
