The case of Adam “Nergal” Darski, the leader of the Behemoth team, has provoked quite a few emotions in Poland and in the world. It afraid the profanation of the emblem of the Polish Republic during the tour “Rzeczpospolita Niewierna” in 2016. The Regional Prosecutor's Office in Gdańsk decided to retreat the indictment, arguing for this protection of freedom of speech.
Background
In the period from 30 September to 10 October 2016, the band Behemoth held a performance tour "Rzeczpospolita Niewierna". On the poster promoting this way there was a white eagle without a crown, with devil horns increasing out of its head, snakes, skulls and an inverted cross on a red background. This provoked controversy and accusations of insulting the emblem of the Polish Republic.
Decisions of the prosecution and courts
In 2022 the Gdańsk territory Court acquitted the members of the Behemoth squad from the charge of insulting the Polish emblem. The court argued that the object of public insult, in accordance with Article 137 of the Criminal Code, must be, among another things, a emblem, alternatively than an eagle-inspired graphic design. The explanatory memorandum indicated that the poster plan was created from scratch and did not constitute processing of the emblem of the Polish Republic.
The justice besides stressed that the symbols utilized in the poster were understood as anti-believers, but the Polish state is secular and this case afraid violations of state feelings, not spiritual ones. However, this judgement was abrogated by the Court of Appeal in Gdańsk, which referred the case to be re-examined.
Freedom of speech and the law
The Regional Prosecutor in Gdańsk justified his decision to revoke the indictment with freedom of speech. The prosecution's communication reads: "A re-examination of evidence and accusations of the indictment led to the conclusion that the defendants exercised the right to freedom of expression guaranteed to all citizens of the Republic of Poland".
The Prosecutor's Office besides pointed to the case law of the European Court of Human Rights, which allows the proclamation of views that may outrage, offend or even provoke discussion.
Other Nergal cases
This is not the first time Adam “Nergal” Darski has been brought to justice. In 2021, he was acquitted of the charge of images of spiritual feelings, as the court found that people offended by the photograph on which individual trampled the image of the parent of God are themselves guilty due to the fact that they should not see the content posted by him on social media.
Summary
The case of Adam “Nergal” Darski and his band Behemoth is complicated and multi-threaded. It applies not only to the limits of freedom of speech, but besides to the explanation of national and spiritual symbols. The decisions of the courts and prosecutors show that these issues are ambiguous and frequently require deep legal analysis. This is besides an example of how art and expression can provoke discussion and controversy in society.
Daniel Głogowski
Expert in his field – Publicist, author and social activist. The first articles were published in 1999 for global publishers. For more than 30 years, he has gained his experience through cooperation with the largest editorial offices. In his articles, he seeks to address controversial topics and present first viewpoints that allowed for a deeper knowing of the issues discussed.
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The prosecution withdrew the indictment against “Nergal” for the profanation of the Polish emblem
