On August 9, 2025, the National Stadium hosted a concert where Ukrainian Bandera flags were shown; the Warsaw‑Praga South prosecutor’s office decided on September 8 not to investigate.
Prosecutor’s Decision and Legal Basis
The Warsaw‑Praga South District Prosecutor’s Office issued a decision on September 8, 2025, refusing to open an investigation into the display of red‑black flags at the National Stadium. The refusal was based on Article 17 § 1(2) of the Polish Penal Code, concluding that the actions did not constitute a criminal offence.
Reports and Evidence Reviewed
Eight separate complaints were received by the prosecutor’s office. All were consolidated into an initial complaint filed by the National Stadium operator, company PL.2012+. The gathered material did not contain proof that the flag‑presenters intended to spread propaganda.
Interpretation of Article 256 § 1a
Article 256 § 1a punishes the public propagation of fascist or totalitarian ideologies and the display of related symbols. The prosecutor clarified that the law forbids public advocacy of such ideologies, not merely private or symbolic gestures.
Historical and Contemporary Symbolism
While the red‑black flags were historically linked to the Ukrainian National Organization and the Ukrainian Insurgent Army, the prosecutor noted that in the present context the symbols have largely lost their original partisan meaning. They now represent dignity, patriotism, and resistance against Russian imperialism.
Conclusion – No Investigation
The prosecutor concluded that the event on August 9 lacked any public appeal to the audience, thereby lacking the element of “propaganda” required for criminal liability. Consequently, the investigation was denied.
