On Friday, the Warsaw district court extended the dismissal of Zbigniew Komosa’s private complaint accusing former Polish Prime Minister Jarosław Kaczyński of assault during the 10 September 2024 Smolensk commemorations.
Court Maintains Dismissal
On Friday 14 November, the Warsaw district court upheld the decision to dismiss the proceedings of Zbigniew Komosa’s private complaint against Jarosław Kaczyński. The case related to an incident on 10 September 2024 during the Smolensk memorial event.
Judge Explains Footage Findings
Judge Mariusz Iwaszko stated that the recordings did not show full blows but only a violation of bodily integrity that did not amount to a serious assault. He noted the actions did not reach the severity of a full punch.
Defense Claims Intent and Necessity
The defense argued that Kaczyński’s intent to strike was clear and that the low degree of harm combined with a “state of necessity” justified dismissal. The court accepted the first argument and dismissed the case.
Komosa’s Appeal Highlights Evidence Gaps
Komosa’s lawyer, Jerzy Jurek, appealed by claiming the court relied mainly on an audio recording and failed to consider all evidence. He emphasized that Komosa had freedom of speech and could criticize Kaczyński’s statements.
Komosa alleged that Kaczyński struck him because he disputed his statements regarding wreaths at the monument and accused him of lying about the Smolensk crash.
Future Legal Considerations
The appellate judge acknowledged that the act could not be praised but deemed the social harm negligible, and Komosa’s lawyer announced plans to consider filing a cassation with the Supreme Court.
