On Thursday, January 28, Kinga Gęsicka-Biały was questioned at the police headquarters as a suspect.
“The policewoman read out five charges to me, all from November 13, 2020,” says Kinga Gęsicka-Biały. “They concerned the fact that on that day, in many places in Bolesławiec and at different times, I said an obscene word into a microphone. I did not admit to what they accused me of, because I do not know what I said or did on November 13,” replied the Women's Strike participant.
The lawyer representing Kinga explains that the police multiplied the number of charges and did not say anything about what obscene word had come from his client's mouth.
“The number of charges was multiplied here. There should be one charge,” says attorney Arkadiusz Malak. “I pointed out to the police—and it was entered into the testimony report—that bringing five charges is unjustified for one reason: all the charges concern the same behavior, namely uttering obscene words in a public space on the same day. The second issue, which I also drew attention to, is that the charges do not specify what the content was. We do not know what specific word is involved,” the attorney explains.
The police did not provide information about further actions, but the procedure indicates that they will submit a motion for punishment to the court. It will be the Criminal Division in Bolesławiec. The court will decide the matter.
“The court will have two possible rulings: it will either acquit Ms. Kinga or impose a penalty on her,” says the attorney.
Arkadiusz Malak pointed out two more important issues concerning the case. To a judge who deals every day with murder, assault, and robbery cases—and to such a judge Kinga's case will go—saying a vulgarity aloud may seem trivial. The second issue concerns the Code of Petty Offenses itself.
“The Code of Petty Offenses dates back to the People's Republic of Poland,” says the attorney. “The Code of Petty Offenses has not been amended and does not take into account the fact that people's communication was different at that time. But the provision remains, and it was found because when they were looking for something on Ms. Kinga and could not find anything special, someone found a provision according to which swearing is prohibited. It is an anachronistic provision from a bygone era. Even linguists say that vulgar words make communication easier for us,” adds Arkadiusz Malak.
Kinga Gęsicka-Biały is waiting for a possible summons to court, while the police have summoned two other Women's Strike participants for questioning. This did not stop the activists, and on Friday, January 29, at 4:30 p.m., people dissatisfied with the rule of Law and Justice will once again march through the streets of Bolesławiec, expressing it with the simple chant “f**k PiS! Sart Rynek!”