By Dr Robert Lewandowski, attorney at law (radca prawny) at Derra, Meyer & Partners in Warsaw
Dyngus Day aka Wet Monday in Poland always falls on Easter Monday during Easter time and belongs to a long tradition in Poland celebrated for many years as a festivity of Folk character. On this day, people throw water over each other, but especially young unmarried women, and this event culminates sometimes in water fights. A district court in Poznań (Poland) has recently issued a judgment convicting three young men for prison sentences because they had beaten severely two passers – by protecting a girl splashed with water on Easter Monday. The girl was walking along a street accompanied by two of her friends when suddenly a young man carrying a bottle attempted to soak the girl as befits Dyngus Day. Both friends stood up and protected the girl and an altercation began. The attacker punched one of them in the face and whistled two of his friends to join the fight and as a result of the violence, both friends of the girl sustained serious injuries. A local court was of the opinion that the three perpetrators of the beating acted in the public sphere and without any cause while demonstrating a flagrant disregard of law. The criminal court of the first instance imposed upon them prison sentences between 18 months and 30 months and fines amounting to 3000 PLN (approx. 600 GBP) and 20 000 PLN (approx. 4000 GBP) to be paid to both victims of the crime. A defence counsel of the three perpetrators appealed against this verdict alleging that the court of the first instance made mistakes as to the ascertaining of facts of the case claiming that the struggle was initiated by the victims. The court of appeal in Poznań (file XVII Ka 184/15) did not share this opinion arguing that the conduct of three perpetrators cannot be justified by the celebration of Dyngus Day and that the tradition of soaking passers–by with water on this day on the streets of towns has nothing to do with this tradition and is a pure expression of hooliganism. This verdict confirms once again that the dousing with water on Easter Monday in Poland has its limitation and must be exercised in line with legal regulations.
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