Glosa do wyroku Sądu Okręgowego w Kielcach z 25 sierpnia 2022 r., sygn. akt IX Ka 715/22
- Institution: Uniwersytet Łódzki
- ORCID: https://orcid.org/0000-0002-0574-9120
- Year of publication: 2023
- Source: Show
- Pages: 311-317
- DOI Address: https://doi.org/10.15804/ppk.2023.01.24
- PDF: ppk/71/ppk7124.pdf
Gloss to the Judgment of the District Court in Kielce of August 25, 2022, file ref. no. IX Ka 715/22
The gloss aims to indicate the limits of freedom of expression, set by provisions on hate speech and destruction of property. These limits are indicated by the analyzed case where the property was damaged as a result of publicly displaying political posters. However, the court misinterpreted the law, leading to a conviction for an offense rather than a crime. There was also no obligation to redress the damage. The author discusses how there were generally no grounds for conviction and the accused should be acquitted for a different reason.