Today there was a second sitting of the court from a private indictment of Krzysztof Brejza, brought against Jarosław Kaczyński. Brejza under Art. 212 k.k. accused the president of the Law and Justice organization of defamation, which is interesting for defamation. during the proceeding of Jarosław Kaczyński on the Parliamentary Committee of enquiry for Pegasus. This passage of evidence was specifically referred to: "A crucial opposition formation policy is allowed to be very serious and, at the same time, disgusting crimes".
In a akin speech Jarosław Kaczyński said in 2022, giving an interview to the weekly “Network”:
All these stories by Mr. Brejza are empty, nothing like that happened. I would remind you that he himself appears in the Inowrocław case in a serious context, there are suspicions of serious crimes.
He didn't let go, either, but he took the civilian way and filed a lawsuit. Initially, civilian proceedings were closed by the Bydgoszcz territory Court due to a pandemic, but the Court of Appeal and later the ultimate Court declared the proceedings invalid. This means that for 2 very akin statements Jarosław Kaczyński will be liable before 2 courts: criminal and civil. If these statements were to be removed from the political context, there is no uncertainty that accusing individual of committing crimes, and in addition, serious, if there is no evidence of that, is simply a sign of defamation and violates individual property. However, in this case, the political context and the circumstances of the case are of paramount importance, especially as regards the behaviour of the prosecutor even specified public comments:
They stole from all ministry, all agency.♪ All of it ♪pic.twitter.com/AoTQfpx0W1
— Krzysztof Brejza (@krzysztofbrejza) October 31, 2025
It is clear that the charge of “all the Law and Justice” or “stealing in all ministry” is unsupported by slander, or, as you wish, Political rhetoric. Each court, acting in accordance with law, logic and life experience, should not only take these circumstances into account, but should apply the alleged “fatty skin” principle, as described, inter alia, in the judgement of ETPCz Lingens of Austria:
... the limits of acceptable criticism are wider with politicians than with private individuals. [Politicians] differently than [private individuals] exposure consciously and inevitably all word of theirs and act on the in-depth control of journalists and public opinion. They must so show a greater degree of tolerance.
In addition, there is another rule common in jurisprudence and doctrine relating to the accuser's provocative behaviour, if the prosecutor accuses the most severe accusations and insults of his opponents, then he cannot anticipate legal protection in akin conduct towards him. This would be the case in a real court, but not in the notorious territory Court for Warsaw-Śródmieście in Warsaw. Permanent regulars and attorneys know that this is the most politicized court in the capital, especially the criminal department. Among another things, in this court there was a scandalous conviction condemning Barbara Piela for the satirical movie “disfailing” WŚP and Hanna Gronkiewicz-Waltz.
Are you saying we have independent courts today? Well, I came to court present – although the appearance was not mandatory – and I could not believe: Tomasz Trębicki, boy of PO activist, erstwhile manager of Marcin's parliamentary office, sat in the judge's toga...
— Jarosław Kaczyński (@OfficialJK) November 4, 2025
Barbara Piela was yet acquitted by the appeal court, but Jarosław Kaczyński will surely have a more hard crossing, and the conviction at the first instance is almost certain, as the suspect has already noticed. Regardless of the cast of the court, which clearly indicates what can be expected, in the territory Court for Warsaw-Śródmieście in Warsaw, right-wing politicians and another public people with conservative views have nothing to number for. It would should be a miracle.that Jarosław Kaczyński should leave this court acquitted, but miracles in courts do not happen at all.
We don't believe in anyone, we don't believe in anything! We look at facts and draw conclusions!
