The court sentenced them—so that the punishment would have an educational effect—to combined sentences of two years of restricted liberty, with an obligation to perform unpaid, supervised community service (40 hours per month). The work is to be carried out at the cemetery itself. Those sentenced are:

  • 23-year-old Artur Rz.—destroyed or damaged a total of 76 gravestones on three occasions; in January 2012, together with his cousin Dorianem D., he also set fire to a gazebo, and in March 2012, together with the above-mentioned man, killed a dog with particular cruelty
  • 22-year-old Tomasz K.—also destroyed or damaged a total of 104 gravestones on three occasions
  • 18-year-old Mariusz M.—as an adult offender, twice destroyed 39 monuments together with friends (as a minor, he damaged 46 gravestones)
  • 26-year-old Dorian D.—destroyed 9 gravestones, and also burned down a gazebo and killed a dog.

The convicted men damaged the gravestones on four occasions:

  • for the first time in April 2012—Artur Rz. and Dorian D.
  • for the second time in February 2013—Artur Rz. and Tomasz K., together with Mariusz M., who was a minor at the time
  • for the third time at the turn of July and August 2013—Artur Rz., Tomasz K. and Mariusz M.
  • for the fourth time on the night of December 24–25, 2013—Tomasz K. and Mariusz M.

In the last case, the men drank beer in the cemetery at the burial place of Tomasz K.’s grandmother. They left the empty cans on her grave, then, for no reason, began kicking and overturning the gravestones of other monuments. Police detained the three main defendants on January 3, 2014. All were charged with damaging property and desecrating burial places.

At the prosecutor’s request, Artur Rz. and Tomasz K. were placed in pretrial detention. They were released only in February and March. They admitted damaging gravestones on Christmas Eve night. They also spoke about damaging additional monuments during the periods indicated above. Later, Artur Rz. additionally admitted setting fire to the gazebo and killing the dog.

It was established that Rz. and Dorian D. hung someone else’s dog on a hook and then beat it with a stick before slitting its throat. The prosecutor treated the act as killing an animal with particular cruelty.

The prosecutor also requested unconditional prison sentences of two years and one year and six months. At the hearing, all the defendants expressed remorse, apologized for their actions and asked for the lowest possible sentences. Among other reasons, this led the court to apply the provision under Article 58 § 3 of the Criminal Code, which allows a non-custodial sentence to be imposed when an offense carries a maximum prison term of no more than five years. Consequently, all the defendants received combined sentences of two years of restricted liberty, with an obligation to perform unpaid, supervised community service during that period, 40 hours per month.

The court assured that it would make efforts to ensure that the work was performed at the cemetery. In addition, those sentenced must compensate the material damage caused by their actions, pay the costs of the proceedings and bear the fees prescribed in criminal proceedings.

The prosecutor assessed the type and severity of the sentences as entirely justified and likely to have the greatest educational effect, both on the offenders themselves and in terms of so-called general prevention. In the near future, the judgment will be reviewed only in formal terms.

District Prosecutor’s Office in Legnica/ii