The penal order was issued on November 4, 2022. The parish priest was found guilty of using the parish bell installation every day from Monday to Saturday at 12:00, between January 17 and April 12, 2022, in Bolesławiec, on Jana Pawła II Street, at the Church of Christ the King, outside ceremonies connected with religious worship. According to the court, these were offenses under Article 343(1) in conjunction with Article 156(1) of the Environmental Protection Act.

The court sentenced the parish priest to a reprimand and ordered him to pay fixed procedural expenses of PLN 70.

“On November 15, the defendant’s attorney filed an objection to this judgment, which means that the penal order lost its force and the case is to be examined under the general rules,” informs Joanna Moroz-Korycka, president of the District Court in Bolesławiec.

After an objection has been filed, the court hearing the case is not bound by the content of the penal order, which has lost its force.

The bells were too loud and caused noise. The parish is appealing

The proceedings before the Bolesławiec court are one aspect of the case concerning the bells on Jana Pawła II Street in Bolesławiec. The other concerns the fact that they are simply too loud and cause noise. We reported on this in an article titled The bells at the church on Jana Pawła Street are too loud. There is an expert report—and a decision by the district governor.

The expert report found that the bells were too loud and that using them was impermissible even at times when Mass was scheduled to be celebrated in the church. The district governor issued a decision, which the parish appealed to the Local Government Appeals Board. Those proceedings are still pending.

What is a penal order?

It is simplified proceedings conducted without a hearing. A court may issue such a judgment in a session without the participation of the parties; witnesses and the accused are not questioned at that stage. The judge relies on the evidence collected during the proceedings. A judge may issue a penal order only in cases in which an investigation was conducted. It cannot be issued in more serious cases where the potential punishment is severe. The court issues a judgment only when the circumstances of the act and the defendant’s guilt are not in doubt. If the accused accepts the judgment, they do not need to do anything, and the judgment becomes final. However, if they disagree, they file an objection. The judgment is then annulled and the court conducts a standard hearing. The outcome may be either a more lenient or a harsher judgment.

You can read more about penal orders on the website: kingakaminska.pl/blog/wyrok-nakazowy/