A Polish court reinstated charges against Bąkiewicz for allegedly insulting border guards and inciting hatred, reversing a previous dismissal of the case.
Case Reinstated After Initial Dismissal
The District Court in Słubice initially dismissed the criminal proceedings against Bąkiewicz on March 17th, ruling that the alleged actions did not constitute a crime. The prosecutor filed an appeal against this decision.
The case will now be reviewed by a different judge.
Appeal Successful, Case Sent Back to Lower Court
On Monday (April 20th), during a non-public hearing, the judge overturned the Słubice court’s decision, deeming it premature and based on an insufficient analysis of the evidence. The court of first instance has been instructed to continue proceedings.
“The judge considered the decision premature and not based on a thorough analysis of the evidence and the factual situation. This means the case returns to the District Court in Słubice, and a different judge than the one who dismissed the proceedings will handle it,” said Makowski.
Bąkiewicz Reacts, Cites Stalinist Tactics
Bąkiewicz responded to the decision in a post on X, stating, “What the Court in Słubice previously crushed and left no trace of is now suddenly returning to the docket. Absurd. It seems the old Stalinist principle is returning – give me a man, and I’ll find a paragraph against him.” He was supported by members of the Border Defense Movement outside the District Court in Gorzów.
Charges of Insult and Incitement to Hatred
The District Prosecutor’s Office in Gorzów Wielkopolski filed an indictment against Bąkiewicz on December 31, 2025. He is accused of insulting four Border Guard and Military Gendarmerie officers on June 29, 2025, defaming a Border Guard officer on X, and defaming various groups on the same platform.
Bąkiewicz is also accused of inciting hatred based on national, ethnic, and racial differences through posts on X and interviews on YouTube, allegedly fostering strong dislike and hostility towards Germans and immigrants.
Defendant Maintains Innocence, Potential Penalties
The activist has consistently denied all charges. If convicted, he faces a fine, restriction of liberty, or imprisonment for one to three years. Bąkiewicz has participated in so-called citizen patrols along the Polish-German border and founded the Border Defense Movement, an organization aiming to “defend Poland against mass migration and related threats.”
Constitutional Order Concerns Raised
Mirosław Wyrzykowski, a retired Constitutional Tribunal judge, stated on Wyborcza.pl: “For eight years, we have been dealing with deliberate, conscious actions aimed at changing the constitutional order of the state without changing the constitution. It was a hostile takeover of the state by centers hostile to the Constitution of the Republic of Poland.”
