A man who insulted a judge during a hearing in 2023 has had his case transferred to another court to avoid potential bias.
Criminal Charges Against Defendant
The case involves charges under Article 226, paragraph 1 of the Penal Code, which criminalizes insulting public officials during their official duties. The offense carries penalties including fines, liberty restrictions, or up to one year in prison. The accused man allegedly directed offensive words at a judge in January 2023 during a session she was presiding over at the District Court for Wrocław – Śródmieście.
Justice System Implications
Due to territorial jurisdiction, the indictment was filed with the Wrocław – Śródmieście District Court, which then sought guidance from the Supreme Court under Article 37 of the Code of Criminal Procedure. This provision allows transferring cases to other courts when the public interest in justice requires it. The Wrocław court emphasized the exceptional nature of this provision, noting it applies when circumstances could create a public perception (even mistakenly) that the competent court cannot be impartial.
Supreme Court Moves Case for Impartiality
The Supreme Court agreed with the Wrocław court’s reasoning and transferred the case to the District Court in Opole. The court noted that the accused insulted a judge during her official duties, potentially harming both the justice system and the judge’s personal rights. It highlighted that the victim judge, though retired, is personally known to most judges at the Wrocław court. To avoid even potential allegations of bias, the Supreme Court determined the case should be heard elsewhere, choosing Opole for its convenient transportation links to Wrocław.