How Polish opposition leader fell into his own trap over a "stolen" wreath

The Polish police have requested to lift the parliamentary immunity of Jarosław Kaczyński, the leader of Poland's ruling Law and Justice Party (PiS), and until recently, the most influential person in the country.

Ironically, Jarosław Kaczyński "got hit" by a legislative norm adopted when the PiS was in power, and most importantly, aimed directly against his opponents.

Read more about what one of Poland's oldest active politicians is accused of and what consequences this case may bear for him in the article by international expert Stanislav Zhelikhovskyi – The case of the stolen wreath: why Poland's main opposition leader faces jail.

The case circumstances look absolutely fantastic. An influential politician is accused of theft and destruction of property during commemorative events in Warsaw.

The incident involved the events of commemorating the 14th anniversary of the Smolensk air disaster, in which his brother, Polish President Lech Kaczyński, along with his wife and members of the Polish government, died.

So, during the commemorative events at the Piłsudski Square in Warsaw, the Law and Justice leader, Jarosław Kaczyński, attempted to destroy one of the wreaths with an insulting slogan.

The point is that Polish activist Zbigniew Komosa has been laying a wreath with a text on a monthly basis since 2018 with in front of the Smolensk disaster monument, which reads: "In memory of the 95 victims of Lech Kaczyński who, ignoring all procedures, ordered the pilots to land at Smolensk in extremely difficult conditions. Rest in peace. People of Poland." And it adds: "Stop creating false heroes!"

"The report (of the crime) was about destruction and theft of property. Since the wreath cost over 800 zlotys, as it had, among other things, a specially prepared construction. Reinforced so that it couldn't be broken," Zbigniew Komosa explains his decision to file a police report.

According to him, the police also did not fulfil their obligations that day, as they were supposed to prevent the destruction and seizure of private property.

However, as the police explained, they carried out the measures by the provisions of the Law on the Exercise of Deputies' and Senators' Powers, which prohibit the detention or arrest of a MP or senator without the consent of the Polish Sejm or Senate.

As for the PiS leader law enforcement officers explained that detaining Kaczyński was not necessary to ensure the proper course of the process, as he is a well-known figure.

Although this did not prevent the PiS government from detaining then opposition politicians. For example, representatives of the Civic Platform.

In addition, the police assessed the wreath value at 400 zlotys, allowing the actions of the Law and Justice leader to be classified as an offense rather than a crime.

But, as legal experts point out, Polish legislation recently introduced a provision on "particularly audacious theft," accompanied by contemptuous or audacious treatment of the owner.

And Jarosław Kaczyński's actions fall entirely under this definition!

It's worth noting that "particularly audacious theft" is punished extremely severely – up to eight years of imprisonment, regardless of the stolen item value.

And most importantly, it looks like the PiS leader has fallen into his own trap.

The thing is, this norm was introduced in Polish legislation during the PiS's rule. And it is believed to have been aimed precisely against the then-opposition.

Elections to the European Parliament are set to be held in about a month. And a high-profile process, whether against Jarosław Kaczyński or other representatives of the former ruling camp, can only stimulate Poles to support those political forces associated with these personalities.

And this, in turn, could change the EU political paradigm, which Ukraine will also feel.