On May 3, Constitution Day, ten people gathered in Bolesławiec’s Market Square to display a banner with a macabre illustration of a torn-apart, bloodied fetus. The face of Rafał Trzaskowski, a candidate for president of Poland, was printed beside it.
The anti-abortion activists displayed the mangled remains of a fetus despite already having received three convictions for this offense (one is final, while two are not yet). The participants in the assembly present themselves as Catholics and defenders of the Polish state, but they ignore Polish law and the rulings of Polish courts.
Before the protest, we asked the city’s spokesperson, Agnieszka Gergont, whether the city would dissolve the assembly if criminal provisions were violated.
– The secretary (Małgorzata Słonecka – ed.) said that she would not dissolve such an assembly. If someone feels offended, they can report it to the police – Agnieszka Gergont said in a conversation Agnieszka Gergont.
We asked why she would not dissolve it even though criminal provisions would be violated.
– Criminal provisions are not being violated according to the secretary. The Code of Petty Offenses is not the Criminal Code – Agnieszka Gergont replied.
During the conversation, we explained to the spokesperson that the Code of Petty Offenses is part of criminal provisions; therefore, the Assemblies Act does not say that provisions of the Criminal Code are being violated, but rather criminal provisions, and criminal provisions include both the Criminal Code and the Code of Petty Offenses.
– I repeat what the secretary’s position is. The secretary said that she would not dissolve it because, in her opinion, criminal provisions are not being violated – an unconvinced Agnieszka Gergont replied.
During the assembly, we sent Bolesławiec’s president a photograph of the banner, asking for a response and for the assembly to be dissolved. Piotr Roman did not respond. Police officers present at the scene said that they had informed the City Hall about the situation involving the banner and received no response.
During and immediately after the assembly, the people participating in it were asked to show their identity documents.
Most passers-by were outraged by the banner and by the juxtaposition of the photograph of the mangled fetus with the presidential candidate.
What are “criminal provisions”?
The expression “criminal provisions” in Article 20 of the Assemblies Act is not limited to the Criminal Code; it encompasses all norms of criminal law in the broad sense, namely:
| what falls within the concept of “criminal provisions” | example |
|---|---|
| codified provisions on offenses | Criminal Code (1997) |
| codified provisions on petty offenses | Code of Petty Offenses (1971) |
| Fiscal Penal Code | F.P.C. (1999) |
| “chapters: Criminal provisions” in special statutes (so-called non-codified criminal law) | e.g. Article 124 of the Act on Counteracting Drug Addiction |
Why should the expression “criminal provisions” be interpreted this way?
- The language of the legislator
In the regulation on the Principles of Legislative Drafting, the expression “criminal provisions” means all sanctioning criminal norms; it is distinguished from the codes themselves, confirming that the concept is broader than merely the Criminal Code (§ 28 – Criminal Provisions – Principles of Legislative Drafting). - Doctrine and the structure of the system
Polish criminal law is divided into codified and non-codified law. Legal scholarship emphasizes that all of these regulations form a unified “criminal law system,” regardless of the statute in which they are included. - The purpose of the regulation in Article 20
The power to dissolve an assembly is intended to apply when its course violates any penal prohibitions, including those of lesser gravity (petty offenses), e.g.
o Article 51 § 1 of the Code of Petty Offenses – disturbing the peace or public order,
o Article 52 § 2 of the Code of Petty Offenses – failing to leave an assembly when ordered to do so by its chairperson.
If “criminal provisions” were interpreted narrowly (exclusively as the Criminal Code), a municipal authority could not dissolve an assembly that merely fulfills the elements of petty offenses, which would contradict the existence of the provision.
In Article 20 of the Assemblies Act, the expression “criminal provisions” includes provisions of both the Criminal Code and the Code of Petty Offenses, as well as all other penal norms contained in special statutes. A violation of any of these provisions—whether involving a crime or a petty offense—may constitute grounds for dissolving an assembly.
Prepared on the basis of: