Thanks to the intervention of the Institute Ordo Juris expired prescriptive judgment, which was fined an employee refuses to perform the printing roll-Up rubber promoting LGBT movement. An attempt to push through a constitutional precedent ruling violating the economic freedom of businesses and the freedom of conscience employee took LGBT organization in cooperation with the Ombudsman.
Like an unjustified campaign propaganda of the Campaign Against Homophobia, taken on the basis devoid already by court injunction, it is to intimidate entrepreneurs and workers enjoying their constitutionally guaranteed freedom . Disturbing is extremely active involvement of the Ombudsman in bringing to judgment in this case.
An employee of the Lodz entrepreneur refused to carry out promotional materials (Roll-Up rubber) on request LGBT organizations. He justified his refusal by saying that it does not contribute to its work to promote LGBT movement. Radical activists LGBT MICE answer employee printing was used as a pretext in bringing precedent-setting criminal case. Judgment prescriptive District Court for Łódź Widzew, threatening the guaranteed constitutional freedom of entrepreneurs and przekreślający freedom of conscience employee, was released after the intervention of the Ombudsman, acting on the side of LGBT activists from the earliest stages of the proceedings.
As a result of the intervention of lawyers Ordo Iuris judgment prescriptive District Court for Łódź Widzew Lodz, recognizing the guilt of the employee printing and sentencing him to a fine in the amount of 200 zł, lost power, and the case was referred to again, on general principles.
unreliable information campaign Against Homophobia in this case skip the legal conditions relating to the procedure for issuing judgments prescriptive in misdemeanor cases. Judgment is prescriptive in fact issued by a court sitting in camera, without the participation of the parties and before reading the arguments, and the defense of the accused. Convicted learns about the case only with delivered to the judgment and attached to his application for punishment (replacing the indictment).
Information published on July 25 on the website of the Campaign Against Homophobia is grossly unreliable, as a result of successfully brought opposition prepared by lawyers Ordo Juris , judgment prescriptive already lost power. The case went to the consideration at a hearing, and the court will carry out activities of inquiry and get acquainted only with the arguments of the accused. It should be emphasized that according to the practice of process issue by the Court judgment, injunctive relief, and imposition of fines is a normal activity process and the first step to hear the case of an offense.
Notwithstanding the above, in case there is no substantive grounds for considering guilt and sentencing the accused employee, who had every right to refuse service to LGBT activists. National law as it introduces an obligation to provide services only in a very narrow range of special benefits and the most important sense. Such an obligation certainly does not apply to printing services, where universal access is not in doubt. In addition, any legal obligations (except for the protection of human life) can not lead to strikethrough freedom of conscience, which is constitutionally certified, inviolable and inalienable, fundamental right.
The involvement of the office of the Ombudsman against the freedoms and rights of the constitutional employee printing in the name of protecting the interests of LGBT activists, should be regarded as contrary to the axiology and constitutional principle of equal treatment by public authorities.
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