09/01/2024, 14:31
By occupying the actual headquarters of TVP Info, news releases are prepared at the headquarters of TVP, St. Woronicza in Warsaw (Photo: Wojciech Olkuśnik/East News)
Employees who occupy the Telewizja Polska building on Powstańców Warszawy Square may face criminal and civil consequences that could result in the loss of personal property. – If it is proven that their actions caused the destruction of the property or the appropriation of some of its components, they may also be held criminally liable in this regard – explains lawyer Piotr Bednarek, a lawyer specializing in criminal law and complex economic processes.
After the appointment of a new TVP government by the Minister of Culture and National Heritage, Bartlomiej Sienkiewicz (December 20 last year), a group of ex-team propagandists, supported by PiS MPs, blocked access to the TV news agency's Warsaw headquarters. In this situation, TVP should prepare news programs in studios not adapted for this purpose, at TVP headquarters, ul. Voronitsa in Warsaw.
Criminal responsibility of the occupants of the TVP info headquarters
“We are dealing with a situation where a certain group of people, including journalists, remain in the vicinity of the TWP building on Powstańców Warszawy Square,” says lawyer Piotr Bednarek. – According to media reports, these people remain in this building against the will of the person authorized to dispose of this property, i.e. Telewizja Polska SA, which is in liquidation. For this reason, the conduct of these persons must be considered to meet the criteria of the crime referred to in para. 193 of the Criminal Code, i.e. violation of domestic peace. This type of crime is punishable by imprisonment for up to one year, as well as a fine – explains Piotr Bednarek.
Also read: How soon can TVP Info and “19.30” be broadcast from Woronicza and not from TAI HQ?
According to him, the people who are currently in the TV headquarters in Powstańców Warszawy Square will therefore become materially responsible for the property located in the TVP building.
– If it is proven that their actions caused the destruction of property or the appropriation of some of its components, they may also be held criminally liable under Art. 284 of the Civil Code regarding appropriation of property (Paragraph 1 reads: “Whoever embezzles another's movable property or property rights shall be punished by imprisonment for up to 3 years”, Paragraph 2: whoever appropriates the movable property entrusted to him shall be punished. Imprisonment for a term of 3 months to 5 years – ed.) and 288 of the Criminal Code regarding its destruction (§ 1. “Whoever destroys, damages or renders another's property unfit for use, shall be punished with imprisonment from 3 months to 5 years. § 2. In less severe cases, the offender faces a fine, restriction. Freedom or imprisonment for up to one year” – ed.) – says Piotr Bednarek.
In his opinion, if it is proved that damages were caused by the liquidation of TVP SA as a result of the crime, it can be subject to Art. According to Article 46 of the Criminal Code, demand compensation from the perpetrators of the crime.
– At the same time, the TVP authorities may request an obligation to pay damages on the basis of civil proceedings. In this situation, we can talk about the delict liability specified in art. 415 BC (Ex delicto responsibility – the principle of fault: “Whoever caused damage to another through his own fault is obliged to compensate him” – ed.) – says Piotr Bednarek.
Damage can be accurately determined
The lawyer believes that the occupation of the headquarters of TVP Info by a certain group of people prevents TVP SA in liquidation from freely using its potential. – Attention cannot be drawn to the fact that news programs were prepared and broadcast in this building – emphasizes lawyer Piotr Bednarek. – Avoiding the further broadcasting of news programs from its headquarters in Powstańców Warszawy Square, the public broadcaster had to urgently prepare other rooms for news programs. For this reason, he incurred specific expenses that would not have occurred if he had not been occupied in the building. It can be concluded that for this reason there was a loss that was accurately assessed by TVP – says Piotr Bednarek.
Also read: Krzysztof Ziemiecki and Rafal Patira outside Teleexpress. “Password and mail are blocked”
In his opinion, in the context of the responsibility for the damage caused to the occupants of the TVP info building, the absence of advertising accompanying the TVP news programs at the moment of their broadcast suspension should be taken into account. (December 20-29 – ed.).
– In this matter, everything depends on TVP's advertising broadcasting contracts with third parties. However, it can be assumed that if the advertisement is not distributed, TVP is responsible for damages to the client – says Piotr Bednarek.
According to him, the recent events related to the confrontation of public television and the occupation of its buildings caused great damage to this company. – The TVP authorities may demand damages from the people occupying the Powstańców Warszawy Square building under the Criminal and Civil Codes, – says the lawyer. – If the court finds them guilty, it will be possible to collect the debt from the private assets of the people who were found guilty of harming the state company, – says Piotr Bednarek.
(JF, 09/01/2024)
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