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The Krakow court accepted as evidence during the interview process, in which Maciej Maleńczuk said that entries on Facebook had led him to the courtroom. A pro-life activist believes that Maleńczuk violated his personal inviolability. The process is based on a public accusation.
The case concerns events that took place on 17 December 2016. In the main market square of Krakow, a demonstration organized by the party against the denunciation by the government of the anti-violence convention took place. Representatives of the Committee for the Defense of Democracy took part in the demonstration to express their solidarity with the opposition occupying the plenary hall of the Sejm. Not far from the anti-abortion demonstration organized by the Pro – Right to Life Foundation. Five people took part.
During the picket, I was attacked by Maciej Maleńczuk. At first he shouted after me and other volunteers, then he came to me, tore off my banner and threw me to the ground. He solved my protest by hitting my left jaw with a fist – reported the event on the Stopaborcji.pl voluntary website of the Pro Foundation – Right to life. Prosecutions against him were prepared by lawyers from the foundation of the Ordo Iuris Institute for Legal Culture. As the indictment points out, "the musician then boasted of the attack on the social networking site, which proves that he is not following the law." ".
Maciej Maleńczuk did not plead guilty. As he explained in court, he went to the marketplace to protest the events in the Sejm. After a while, he realized that "huge ugly images of torn human corpses" were displayed next to them. It was Saturday, at 1 pm, women were walking around the market square with young children, all turning their heads away from such disgusting images presented in public. These posters woke me up, I decided to intervene – explained Maleńczuk.
I did not address myself directly (volunteer – PAP), as far as I can remember, I did not desecrate – he assured. During his reporting, he asked what this event had to do with the events of the Sejm, and the volunteer turned to him in vulgar terms "s … ch …". In response to that, he tore up his banner and when the activist headed in his direction, he pushed him back. The musician also denied having commented on the event on the social networking site and indicated that there were several fake accounts in addition to his official account.
In turn, the pro-life activist testified in court that because of the noise, he had tried to shout at the music and answer his questions, but he had grabbed his banner and s & # 39; He was struck on the left side of the jaw. As a result of the impact, he had a buccal cavity swollen from the inside. There was a tooth in the tooth. After 10 days of private prosecution, he did not prepare medical or photographic documentation because he feared the mother's reaction that "would be furious that he is participating in such events".
During Tuesday's hearing, during which the journalists were not able to record images or sounds, the court admitted as evidence the interview of Maleńczuk, given to the host of the show "Two Worlds" of October 24 this year. In the reconstructed fragment, the musician said: "I had it (profile on Facebook), but that ended with a court, it was too hot and I found myself in the room. hearing. " Not for Facebook, but for what I wrote there – added Maleńczuk.
According to the prosecutor of the private prosecutor, Maciej Kryczka, who submitted the request for evidence, in the fragment indicated, Maleńczuk acknowledged the alleged act.
The defendant from Maleńczuk, lawyer Marta Lech, protested against such evidence, stressing that such findings "are not part of the criminal procedure", and even if the admission of guilt is admitted, that does not mean can be that a "creative element" in social media and in no way should it be treated as an explanation given by the accused in court. Guy. Lech believed that the procedures thus conducted were limited to determining "who wrote the most about who," and pointed out that media publications did not help to establish the facts.
The music advocate also recalled that the injured party – he admitted himself – met with several profiles of Maleńczuk on the Internet and independently assessed cases of forgery. As she added, her client's unapproved accounts are in virtual space until today.
Nothing can replace what any one explains (in court – PAP) – After the hearing, Lech told reporters. As Maciej Maleńczuk rightly said in this interview, there is no story from which no promotion can be made today. What is this question today? For me, from the beginning, he is the base of the opposing party to promote this process. – She stressed and added that her client would certainly refer to this evidence.
According to information provided after Lech's PAP attorney, Maleńczuk referred in an interview to a completely different situation: it was a Facebook deletion due to the publication of the uncensored content of his real profile.
During Tuesday's hearing, the court announced that it would ask for the third time the administration of Facebook in the United States to determine whether the profile on which appears the entry , in which Maleńczuk had to call for having "conveyed the picket", in fact, it belonged to the music.
According to Lech, the difficulty in getting this information is due to the fact that "freedom of speech is guaranteed in the United States, and if someone's a frank one on Facebook, there is not any." problem ", but" here is something else ". The court has turned to Facebook twice and Facebook has refused, but perhaps they do not know that the case does not concern defamation, defamation only aimed at physical integrity – she said.
Before starting the process in this case last May. a conciliation meeting was held in court, but no reconciliation took place. According to PAP findings, prosecutors have filed high financial claims against Maleńczuk. At the conciliation meeting, the objectives of this procedure were clearly defined. In my opinion, the organization that represents the activist is motivated by mercenary motives – Ms. Lech clarified the conversation with PAP on Tuesday.
The lawsuit for public contempt brought by Maleńczuk against the same activist, has been completed for this purpose. The experts concluded that the activist was suffering from an illness in which, at the time of the incident, he did not recognize the scope of his act and could not handle his behavior. On this basis, the court had to terminate the proceedings.
The next hearing date was March 21 of next year.
(CBM)
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