The incident occurred on April 6, 2024, at approximately 3:00 p.m. in Bolesławiec’s Market Square. The 35-year-old from Wrocław, who was organizing and leading the demonstration, put up a large-format banner depicting a bloody, dismembered human fetus. The image was accompanied by the caption: “Abortion at 8 weeks of pregnancy.”
The court found that the man’s conduct met the elements of the offense under Article 141 of the Code of Petty Offenses, which prohibits displaying indecent content in public places. Contrary to the position of the accused and his defense counsel, the court emphasized that indecency need not be limited to a sexual context. It may also include images that evoke disgust or shock—particularly when they concern human remains.
In the reasoning, the judge presiding over the case said that displaying such an image in a public space violates public morality and respect for the human body, rooted in Polish tradition and culture. The judge also referred to the case law of the European Court of Human Rights and the Supreme Court, emphasizing the need to balance freedom of expression with citizens’ right not to view disturbing images in public places.
In addition to the PLN 400 fine, the court ordered the man to pay the costs of the proceedings—PLN 110 in total (PLN 70 in flat-rate procedural costs and a PLN 40 court fee).
The judgment is not final. The accused has the right to appeal to the Regional Court.
It should be added that this is another person convicted by the Bolesławiec court. Two weeks ago, a similar judgment was handed down against a resident of Zielona Góra, while less than a year ago a female resident of Bolesławiec was convicted (the judgment is now final).