On 31 August, Kinga Gęsicka-Biały of the Women's Strike appeared before the court at the request of the Bolesławiec District Police Headquarters. The police accused the activist of organizing protests during the pandemic and during the ban on assemblies.
– The main perpetrator and organizer of the Women's Strikes in Bolesławiec and in Poland was Jarosław Kaczyński – said Kinga Gęsicka-Biały before the court.
Judge Anna Sawicka-Barska dismissed the case, applying the principle that the law does not operate retroactively. The court found that, in this case, the regulations concerning pandemic restrictions no longer apply and that there is currently no legal rule prohibiting assemblies because of an epidemic in the country.
– If the law changes, the court must apply the provisions more favorable to the accused, and in this case, the more favorable provisions do not restrict people's right to public assembly – Anna Sawicka-Barska added in her explanation.
In this case, the court applied Article 2, paragraph 1 of the Code of Petty Offenses. The proceedings were discontinued, and the costs of the proceedings will be covered by the state.
If, at the time of adjudication, a law other than the one in force at the time the offense was committed is in effect, the new law shall be applied; however, the law previously in force shall be applied if it is more favorable to the perpetrator.
Code of Petty Offenses, Article 2, § 1.