Ministry of manufacture informs prosecutors of Braun's unfulfilled crime

Mr Grzegorz Braun ostentatiously dismantled the European Union flag in the Ministry of manufacture in Katowice, causing a storm in the media. The hotel announces a announcement of demolition of property. What was behind this provocative action?

Parliamentary intervention or political protest?

On Tuesday, Grzegorz Braun, the presidential candidate and leader of the Confederate Party, together with associate Roman Fritz, intervened in the Ministry of Industry. The authoritative reason was questions about the future of Polish mining, including a drastic increase in the cost of decommissioning mines.

However, it was not economical issues that caught media attention, but Braun's symbolic gesture. Prior to leaving the building, the ministry removed the EU's blue flag, trampled it and took it with it, commenting: “Here is Poland, not Brussels”.

Ministry's reaction: ‘Destruction of property’

Ministry spokesperson Tomasz Głogowski announced the submission of a announcement of demolition of property. "There will be a announcement of demolition of property" – he said.

Ministry staff demanded that the flag be returned, to which Braun replied sarcastically: ‘To whom, child? Have mercy on yourself”. Then he threw her to the ground and trodden her down, and then took her with him. The flag was later burned under the "Uncle" mine.

Why did the EU flag make controversy?

Braun argued that the European Union flag is not a state flag and should not be exposed on an equal footing with Poland. "There is no specified country. (...) In Poland we will not display signs of hostile organizations” – he said.

It's not the first time Braun has interfered with the symbols of another nations or organizations. In 2023, he put out the Khanuk candles in the Sejm, which led to the European Parliament's investigation and repeal of his immunity.

What about the mining intervention?

Although Braun and Fritz came to the Ministry with questions about the future of the Polish mining industry, their visit went to past mainly through a controversial gesture. The CEO of King Okrzesik-Faruga promised to answer the questions in writing, according to the statutory deadline.

Summary

Braun's action sparked utmost reactions – from the applause of supporters of a hard anti-EU course to condemnation from pro-European environments. Was it a appropriate demonstration of sovereignty or unnecessary provocation? We leave the debate to the readers.

Has Braun actually committed a crime that the Ministry of manufacture informs about?

The demolition of property (Article 288 of the Criminal Code) is simply a crime erstwhile the value of the harm caused exceeds PLN 500. In that case, the offender shall be sentenced to imprisonment from 3 months to 5 years. If the harm is less, the perpetrator is liable for the offence (Article 124 of the Code of Offence) and may be fined, arrested or restricted.

Details:

• Article 288 of the Criminal Code: It regulates the crime of demolition of property erstwhile the value of harm exceeds PLN 500.
• Article 124 of the Code of Offence: It regulates the violation of property demolition erstwhile the value of harm is little than PLN 500.
• Crime: He's facing imprisonment from 3 months to 5 years.
• Offence: He threatens with imprisonment, restrictions on freedom or fines.
• Crime elements: Intention (target action), destruction, harm or making things unfit.
• Offence: It besides requires deliberate action, but the value of the harm is lower.
• Pursuit: In cases of demolition of property, the prosecution is requested by the victim.

On the basis of the above, it is clear that the removal of the EU flag does not constitute an exhaustion of the changes in the offence that the ministry informs about.

What makes officials guilty of reporting an unfulfilled crime?

Notification of an unfulfilled crime pursuant to Article 238 of the Criminal Code shall take place erstwhile individual informs the law enforcement of the crime, knowing that the crime has not been committed. It's a crime against the justice system.

More details:

• Crime, not offense: announcement of an unfulfilled crime is simply a crime, not an offence.
• Definition: The crime is to notify the law enforcement of a crime or a taxation offence, knowing that the crime was not committed.
• Penalties: This crime is punishable by fines, imprisonments or imprisonments of up to 2 years.
• Not applicable: It does not concern a false announcement of misconduct, in which case the offender commits an offence by calling a false alarm (Article 66(1)).
• Obligation to notify a criminal offence: The work to notify a criminal offence exists in the case of criminal offences of an ex officio nature.
• Notification by each: Everyone has the right to notify the law enforcement of a crime if they have taken credible news of it.
• Form of notification: announcement may be oral or written.
• Deadline for notification: There is no time limit for notification of a crime, but notification should be made immediately.

We remind you that yesterday the Silesian police reported in the media that on the basis of a announcement from the ministry's staff, an investigation was initiated into the theft of the EU flag allegedly to be carried out by Grzegorz Braun. Since this information gave emergence to a notification to officials of the Ministry of Justice of a criminal offence involving a notification of an unfulfilled crime, our law firm notified the authorities of the collapse and requested the perpetrators of the criminal offence.

We wrote more about it in the material: Grzegorz Braun removes the EU flag in the Ministry: “Here is Poland!” [Video+FOTO]