The court dismisses Kaczyński's case. "He was going to, but it's a shame."

On Friday, the territory Court of Warsaw upheld the decision to waive proceedings against PiS president Jarosław Kaczyński on the violation of physical immunity. In the judgement of the court, Kaczyński's actions had a "minor social harm".PAP

On Friday, the territory Court in Warsaw maintained the decision of the lower instance to discontinue proceedings against Jarosław Kaczyński on the violation of Komosa's physical integrity. The conviction is final, but the victim's lawyer is considering a cassation complaint to the ultimate Court.

The incidental occurred on 10 September 2024 in Piłsudski Square in Warsaw during the monthly Smolensk monthly. Komosa accused the president of Law and Justice of hitting him twice in the face. The case went to court after Kaczyński's parliamentary immunity was waived by the Sejm in December 2023.

Reasons for the court

Judge Mariusz Iwasko argued. «These were not blows, but just specified a violation of physical immunity, which did not even have the importance of cheeking. That is why the regional court rather rightly stated the negligible social harm of these, in fact, the face of the victim of Jarosław Kaczyński», he explained. However, the justice stressed that the suspect acted with the intention of: «Of course the suspect was going to. He did with his hand what he wanted to do, directed it where he wanted to direct and with the force he wanted to direct».

Iwasko pointed out that the incidental was registered from multiple sources, allowing a clear assessment of its character. In his opinion, Kaczyński's behaviour was a reaction to the long-standing attribution of work for the Smolensk disaster to his brother, Lech Kaczyński, including suggestions for murder.

Opposition of the victim

Advocate Jerzy Jurek, Komosa's attorney, argued during the trial that the conviction was issued prematurely. “This contested order was issued prematurely... mainly due to the fact that the court was not able to hear all the evidence requested by the prosecutor”, he explained. He stressed that the victim “has enjoyed his freedom of speech peacefully” and that the accused “has long preached the story of the alleged assassination”. He firmly added: «There must be no indulgence in the usage of force motivated solely by the fact that the opponents of the president of the Law and Justice organization express their criticism of his claims».

Komosa himself explained to journalists after the verdict his version of events. «I just wanted to explain to the court that Jarosław Kaczyński hit me not due to the fact that I insulted his brother or anything that had anything to do with his brother at the time. Only Kaczyński came to me and hit me due to the fact that I straightened out his lies (...), that the wreaths I put under the monument, that is, the illegal act», he explained. He added that he had court sentences confirming his right to lay wreaths.

Note: This article was created utilizing Artificial Intelligence (AI).