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“Tomaševskis is an absolute colored beetle, which, receiving funds for his party from the Lithuanian state budget, is an anti-state. Anyway, they should go off. One per year. Start with him, because that’s the problem with it. what he’s doing, ”said A.Valinskas, the show’s host, on October 14 on delfi.lt
Following this speech, a scandal ensued, these words were condemned even by the president, and the prosecution launched a pre-trial investigation for incitement to hatred under article 170 of the Penal Code.
However, the prosecutor of the Vilnius District Prosecutor’s Office, after evaluating the data received, decided to terminate the investigation, as he did not see any evidence of crime in this statement.
According to the prosecutor’s office, commenting on the results of the Seimas elections and speaking about the president of the Polish Lithuanian Election Campaign, the Union of Christian Families (LLRA-KŠS), A. Valinskas made statements that could be derogatory: nationality, beliefs and points of view.
Based on the findings of the language specialists obtained during the pre-trial investigation, it was stated that the statements of A. Valinskas could not be recognized as incitement to violence or physical confrontation, since the communicative purpose of these statements was not to encourage or encourage viewers to act on it.
In the decision to terminate the pre-trial investigation, the prosecutor points out that the content of A. Valinskas’ statement about certain people who participate in politics is derogatory and offensive.
The former politician exercised his freedom of expression by choosing inappropriate means of linguistic expression and possibly violated ethical and moral norms, but not the value protected by the norms of article 170 of the Penal Code: the equality of persons.
The prosecutor notes that A. Valinskas’ statements did not go beyond political criticism (which, according to the decisions of national and international courts, can be very sharp and disturbing), because the descriptions of the negative tone were used to describe the President of LLRA-KŠS. activities of party colleagues as politicians. The speeches of A. Valinskas did not turn into insults or denigrations for the personal qualities of the people whom he criticized or for the actions of his private life that were not related to his activities or political decisions.
With regard to the values and ideas declared by the Polish national minority, as well as by the LLRA-KŠS (i.e. the political convictions and typical opinions of the members of this party), A. Valinskas did not make statements inciting hatred .
After evaluating the data collected during the investigation and establishing the factual circumstances, the prosecutor concluded that the former politician’s choice of demeaning and derogatory vocabulary had criticized public figures for their activities and political decisions without the criminal purpose of inciting hatred or contempt. discrimination against due to their characteristics specified in criminal law: nationality, beliefs or opinions.
The decision to suspend the pre-trial investigation can be appealed to a higher prosecutor.
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