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Pre-trial instruction in accordance with article 170 of the Penal Code. (Incitement against any nation, race, ethnicity, religion or other group of people) 2 d. and 3 d. It was started due to the speeches of the former spokesperson of the Seimas Arūnas Valinskas metro. October 14 in a transmission from the website “Delfi.lt”. Commenting on the results of the Seimas elections and speaking about the chairman of Lithuania’s Polish election campaign, the Union of Christian Families (LLRA-KŠS), A. Valinskas made statements and views.
Based on the findings of the language specialists obtained during the pre-trial investigation, it was stated that the statements made by 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, but to express negative personal opinion of A. Valinskas.
In the decision to terminate the pre-trial investigation, the prosecutor points out that the content of A. Valinskas’ statement about certain people involved 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), as negative descriptions were used to describe the president LLRA-KŠS and his fellow party activities as politicians. The speeches of A. Valinskas did not turn into insults or disparagements 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.
Concerning the values and ideas declared by the Polish national minority, as well as by the LLRA-KŠS (ie the typical political beliefs and opinions of the members of this party), A. Valinskas did not make any hate speech.
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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