Behemoth - Court Rules Against Frontman In Bible-Tearing Case


Polskie Radio is reporting that Poland's Supreme Court has ruled that Behemoth's frontman Adam "Nergal" Darski, may have committed a crime when he called the Catholic Church "the most murderous cult on the planet" during the band's September 2007 performance in Gdynia, Poland, and tore up a copy of the Bible calling it "a book full of lies."

The court was examining the matter in relation to an appeal against the 2011 aquittal of Nergal. The maximum penalty in Poland for offending religious sensibilities is a two-year prison sentence. The case will now be examined by a district court in Gdansk.

Consequently, a person may be found guilty of offending religious sensibilities even if the defendant had not "directly" intended to do so.

During the 2011 hearing, Darski's lawyers had argued successively that the 2007 concert was for a closed group of fans who had not been offended by the musician's behaviour.

Furthermore, the court accepted that the singer's actions were a kind of "artistic" performance, and that the singer had not "directly" aimed at offending religious sensibilities.

"The crime of offending religious sensibilities is committed not only by he who intends to carry it out, but also by he who is aware that his actions may lead to offence being taken," the court concluded.

Darski had been brought to court by former MP Ryszard Nowak, chairman of the privately run Nationwide Defence Committee against Sects. Following yesterday's hearing, Nowak declared his satisfaction with the ruling.

After emerging from court, Darski said that on the one hand "one should respect the court's verdict." But he also said that his country's mentality "is immature, trying to gag people," and that he was in court for "the good cause", namely the right to "freedom of speech."




Source: thenews.pl
Band profile: Behemoth
 
Posted: 30.10.2012 by BloodTears


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Comments: 55   Visited by: 417 users
30.10.2012 - 13:11
Bad English
Masterchief
Poland is most undemocratical country in EU .... football fans go to jail for nothing , things what is banned there for poles was not stoped and taken away in EC days (I talk about communistic symbols what Russian fans wear)
Poland is only countdy in EU (Norge is not EU) where Canal+ dont show porn at nightime
New people shood go in politics and get elected and stop this ...... this is same like islam ......

I never would do what he did , but I dont care and I support freedom of humen wrights .... and if judges are so pute ... remeber folks use a condom is sin and devorce is sin .... when you will be pure , wont use condom , profe you're saint 1th
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30.10.2012 - 13:13
rpsgc
Freedom of speech is a myth.



Unless you're a 'minority'. Then you can insult and offend whomever you please.
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30.10.2012 - 13:22
Daniell
_爱情_
Written by Bad English on 30.10.2012 at 13:11

Poland is most undemocratical country in EU .... football fans go to jail for nothing , things what is banned there for poles was not stoped and taken away in EC days (I talk about communistic symbols what Russian fans wear)
Poland is only countdy in EU (Norge is not EU) where Canal+ dont show porn at nightime
New people shood go in politics and get elected and stop this ...... this is same like islam ......

I never would do what he did , but I dont care and I support freedom of humen wrights .... and if judges are so pute ... remeber folks use a condom is sin and devorce is sin .... when you will be pure , wont use condom , profe you're saint 1th


You're so clueless about my country that I won't even dignify your gibberish with an educated answer. But I do try to follow a simple rule in life: if you have no clue, shut the fuck up.
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30.10.2012 - 13:32
Marcel Hubregtse
Grumpy Old Fuck
Written by Bad English on 30.10.2012 at 13:11

Poland is most undemocratical country in EU .... football fans go to jail for nothing , things what is banned there for poles was not stoped and taken away in EC days (I talk about communistic symbols what Russian fans wear)
Poland is only countdy in EU (Norge is not EU) where Canal+ dont show porn at nightime
New people shood go in politics and get elected and stop this ...... this is same like islam ......

I never would do what he did , but I dont care and I support freedom of humen wrights .... and if judges are so pute ... remeber folks use a condom is sin and devorce is sin .... when you will be pure , wont use condom , profe you're saint 1th


once again you are talking about something you totally know nothing about.
----
Member of the true crusade against European Flower Metal

Yesterday is dead and gone, tomorrow is out of sight
Dawn Crosby (r.i.p.)
05.04.1963 - 15.12.1996

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30.10.2012 - 13:39
Bad English
Masterchief
Marcel - Daniel
I doubt you will go to jail in Swe for this, not in Lv and probobly other country ,
He did not nothing, he did not burn a churh or rape a nun, murder a priest what is actualy a crime
In USA you can burn america's flag and no punnsihment

PS you cant watch porn in canal+ poland , only country where has canal + and has no porn ¨
I have a good friend who use to work for canal+ program cards , and card security and worc whit encription
Now he works for British Sky
----
Life is to short for LOVE, there is many great things to do online !!!

Stormtroopers of Death - ''Speak English or Die''

I better die, because I never will learn speek english, so I choose dieing
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30.10.2012 - 14:06
theFIST
Why is honesty forbidden in poland?
----
http://metalstormmusicianscorner.bandcamp.com
Written by Warman on 07.11.2007 at 22:39
Haha, that's like saying "compose your own Metal album and upload it here, instead of writing a review of an album". :lol:
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30.10.2012 - 14:23
jupitreas
hi-fi / lo-life
@Bad English - as Daniel and Marcel said, you have no idea what you're talking about. Porn and in fact even prostitution is completely legal in Poland and is very much shown on television. Why Canal+ doesn't do it, I don't know, you should probably ask them because there is nothing in Polish law preventing them from doing so.

As for football - don't forget that football is a sport that unfortunately attracts a lot of violent people and to be perfectly honest, I am glad that there was so much Police involved during EURO2012, as a citizen of Warsaw I felt a lot safer. Everything turned out pretty good, there were no big incidents and I was in fact on that bridge when the Russian fans made their march. TV fixated on a few idiot Polish hooligans who were harassing the Russians but in fact the entire march was pretty incident-free and not a big deal at all. Russian people generally felt quite welcome in Warsaw, based on the conversations that I've had with Russian visitors at that time.

=======================

And now, here is my comment on the issue at hand: Poland is a rapidly developing country and it is catching up with the rest of the EU in great strides, but there are still a few issues left behind after all of the misery caused by WWII and communist rule that the Polish people just can't get over that quickly. The whole Church thing is one such thing - since the Catholic Church has been associated as being in opposition to the communist rule back in the day, there is now still a lingering sense of trust for the Church. Even though more and more young people openly identify as atheist these days in Poland, the Church remains a very vital force in this country and as they see their influence slowly crumbling, they go after guys like Nergal. It is stupid and I am quite ashamed of this to be honest, but its not as bad as it used to be either. Hopefully this case, and other cases like this (there are a few more cases related to offending religious sensibilities happening in Poland that we haven't mentioned here) will bring enough publicity to the issue that young people will finally get turned off to the Church and its influence will decrease.

So yeah, this is a very embarrassing thing that is happening here, and I just hope that eventually we will realize how stupid it makes our country look.

Finally, let me just say that freedom of speech is very much protected by the constitution in Poland, this is just a witch hunt and a huge publicity stunt. You can read plenty of articles that are way more offensive to religious sensibilities in the press here in Poland and nobody says anything, Nergal has simply been targeted as he is a celebrity in Poland.
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30.10.2012 - 15:06
Unhealer
Eclecticist
Written by jupitreas on 30.10.2012 at 14:23

Hopefully this case, and other cases like this (there are a few more cases related to offending religious sensibilities happening in Poland that we haven't mentioned here) will bring enough publicity to the issue that young people will finally get turned off to the Church and its influence will decrease.


I was thinking the same thing, they can win this fight but that'd be just a step closer into losing a war if you put it that way.
Too bad for Nergal if he has to face a couple of prison years just after escaping from death.
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30.10.2012 - 15:42
Bad English
Masterchief
Jup - well it means non of my post make sence for all time? sometimes I have that feeling
What I mean is about EC was Pol-Rus ... all shood be arested whit comunistic simbols and same whit nazie, if boith are banned, but gourement let some go unarested ...
and those violent ppl shood go behind bars , fight in street and riot in sport is crime how say something how in this case

and you are wright about it church helped be opposition aganst communism, but now this is over, young kids dont even remeber how it was in those days . Those days are over , whole east Europe ''suffer from same sydroms'' ....and besides church from law there shood be seperatuion, in Scandinavia such thinks wont happen .....
.... in Swe nat radio was interesting discussion, I miss huge part sinec I was on buss, but they said after 10 years intelectual ppl totaly will reject chrsitianity since it stops progress and in Swe only 10% cosnider them selfs like believers and do all christian rituals.

And Pol is maybe only country in N Europe where church play so huge role and ppl belive

Im sick n tired so called christians close family friends same time real bastards dictae my life , say I will burn in hell, Im sinner bla bla....same time they do more sin
Like I said according to church condoms and devorce is sin .... they say till death do us apart something when ppl get merried ... so how many true belivers are there who follow those rules?

Im off since this post wont make any sence and I dont understand what I talk about
----
Life is to short for LOVE, there is many great things to do online !!!

Stormtroopers of Death - ''Speak English or Die''

I better die, because I never will learn speek english, so I choose dieing
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30.10.2012 - 16:20
X5452
It´s 2012, seriously Poland? Your laws are outdated and you should grow up!
----
¨Impossible to make ourselves aware of a prejudice while it is constantly operating unnoticed, but only when it is, so to speak, provoked¨

By: Hans-Georg Gadamer - Truth and method 1960
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30.10.2012 - 16:51
Big-Al
Hope there is a retrial.
----


I drink moosepiss
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30.10.2012 - 16:54
Fredd
Account deleted
You should see my country then. I'm truly embarrassed.
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30.10.2012 - 17:03
Bad English
Masterchief
Written by X5452 on 30.10.2012 at 16:20

It´s 2012, seriously Poland? Your laws are outdated and you should grow up!


Go to islam world there be more democracy
----
Life is to short for LOVE, there is many great things to do online !!!

Stormtroopers of Death - ''Speak English or Die''

I better die, because I never will learn speek english, so I choose dieing
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30.10.2012 - 17:08
X5452
Written by Bad English on 30.10.2012 at 17:03

Written by X5452 on 30.10.2012 at 16:20

It´s 2012, seriously Poland? Your laws are outdated and you should grow up!


Go to islam world there be more democracy


Islamic countries have even more growing up to do. I am against pulling religion into law thus Sharia law in Islamic countries is an absolute no-go in my opinion. Law should treat everyone equally and when you pull religion into the equation this all goes to shits.
----
¨Impossible to make ourselves aware of a prejudice while it is constantly operating unnoticed, but only when it is, so to speak, provoked¨

By: Hans-Georg Gadamer - Truth and method 1960
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30.10.2012 - 17:15
Bad English
Masterchief
According to FIFA rules gourements cant dictate what nat football federations shoodd do
EU shood make stricter laws and force countries deal chrch from gourement
----
Life is to short for LOVE, there is many great things to do online !!!

Stormtroopers of Death - ''Speak English or Die''

I better die, because I never will learn speek english, so I choose dieing
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30.10.2012 - 17:17
Boxcar Willy
yr a kook
Well this sucks.
----
forever bummed out
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30.10.2012 - 17:23
ANGEL REAPER
Democracy? freedom? equality ?
its all a myth these days....its only good phrases used by countries when youngsters go to war and die for rich people interests...
anyway i 100% support Nergal in this fight...
----
"Cross is only an iron,hope is just an illusion,freedom is nothing but a name..."
"Build your walls of the dead stone...Build your roofs of a dead wood..Build your dreams of a dead thoughts"
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30.10.2012 - 17:31
jupitreas
hi-fi / lo-life
Written by Unhealer on 30.10.2012 at 15:06

Written by jupitreas on 30.10.2012 at 14:23

Hopefully this case, and other cases like this (there are a few more cases related to offending religious sensibilities happening in Poland that we haven't mentioned here) will bring enough publicity to the issue that young people will finally get turned off to the Church and its influence will decrease.


I was thinking the same thing, they can win this fight but that'd be just a step closer into losing a war if you put it that way.
Too bad for Nergal if he has to face a couple of prison years just after escaping from death.


I am nearly 100% sure that Nergal will never see jail time for this. In my opinion, this whole case is simply a media opera that is being used in Poland to take attention away from other, far more serious, problems in politics etc.
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30.10.2012 - 17:40
jupitreas
hi-fi / lo-life
Written by Bad English on 30.10.2012 at 15:42

Jup - well it means non of my post make sence for all time? sometimes I have that feeling

You should simply be more careful how you phrase your statements. Saying that Poland is the most undemocratic country in the EU based on data that I, and others, have shown to be fallacious is bound to get some people riled up over what you write. BTW, based on the study performed by Freedom House, Poland is actually considered a "Free" country, with a freedom of press rating of 25 (comparison: Finland=10, Denmark=12, Estonia=18, USA=18, UK=21, France=24, Greece=30, Italy=33, Hungary=36, Turkey=55, Egypt=57, North Korea=97 lower is better). If you had first consulted some facts, you would not make such statements and people would not misunderstand your posts.

Quote:

What I mean is about EC was Pol-Rus ... all shood be arested whit comunistic simbols and same whit nazie, if boith are banned, but gourement let some go unarested ...
and those violent ppl shood go behind bars , fight in street and riot in sport is crime how say something how in this case

As far as I know, all of the really violent hooligans who have been harassing Russians and other nations (as well as Polish citizens) have been prosecuted for their deeds. As for the nationalist symbolism used - my guess is that the authorities simply didn't want to stir the nest in order to avoid a larger problem, which IMO was the right decision. In the end, there was no real big incident...

Quote:

and you are wright about it church helped be opposition aganst communism, but now this is over, young kids dont even remeber how it was in those days . Those days are over , whole east Europe ''suffer from same sydroms'' ....and besides church from law there shood be seperatuion, in Scandinavia such thinks wont happen .....
.... in Swe nat radio was interesting discussion, I miss huge part sinec I was on buss, but they said after 10 years intelectual ppl totaly will reject chrsitianity since it stops progress and in Swe only 10% cosnider them selfs like believers and do all christian rituals.

And Pol is maybe only country in N Europe where church play so huge role and ppl belive

Indeed, Poland has a very large percentage of people who identify as Christian and even though Church-government separation is indeed ensured by the constitution, in practice the Church still has an enormous influence on politics and everyday life. We are basically dealing with a behemoth of an infrastructure here (forgive the pun) that has been in place for years and its influence cannot be eradicated quickly. Priests in Poland are often far more important in rural communities than political authorities and this cannot just be stopped immediately, people are not able to change their outlook this rapidly. Rather, it will be a gradual process of secularization that will take many years; however, I am confident that Poland will eventually join the more developed EU countries in having a healthy attitude towards religion. This case is an indication that the Church is feeling threatened, which is actually a good thing - they would not harass Nergal so much if they didn't feel they had something to lose and as they feel their power slowly diminishing, they are not likely to go without a fight.
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30.10.2012 - 17:41
Opethian
Best of luck Nergal!
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30.10.2012 - 17:44
Fredd
Account deleted
Written by jupitreas on 30.10.2012 at 17:31

I am nearly 100% sure that Nergal will never see jail time for this. In my opinion, this whole case is simply a media opera that is being used in Poland to take attention away from other, far more serious, problems in politics etc.

Back in '97, we had a similar row in Egypt. Government arrested dozens of metalheads, sentenced them and then issued a pardon. No one went to jail. Later it turned out to be an opera made to take attention away from serious political shit that had been going on at the time.
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30.10.2012 - 17:53
D.T. Metal
Editor In Chief
Written by jupitreas on 30.10.2012 at 14:23

Finally, let me just say that freedom of speech is very much protected by the constitution in Poland, this is just a witch hunt and a huge publicity stunt. You can read plenty of articles that are way more offensive to religious sensibilities in the press here in Poland and nobody says anything, Nergal has simply been targeted as he is a celebrity in Poland.

^^^ Exactly THIS ... and Nowak just can't let it go apparently.
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30.10.2012 - 18:25
BudDa
I don't know Nergal. But the times I have read about him..esp in anything that is not metal related, its this (anti)religious stuff; and I don't know if its just me but Nergal seems to play victim quite well (I read his post/rant on facebook). If this is a publicity stunt then the government orchestrating it and Nergal, deserve each other.
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Freeze! Step away from the hubris.
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30.10.2012 - 18:59
Cynic Metalhead
Atrocious Virgin
Written by Opethian on 30.10.2012 at 17:41

Best of luck Nergal!


This dude did a major blunder by tearing down the BIBLE. If he would have raped a minor girl live on stage, I think Poland officials wouldn't give a single fuck about it.

Maaan! he seriously needs A VERY BEST OF BEST LUCK.( considering he's attention seeking whore)
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30.10.2012 - 19:09
Marcel Hubregtse
Grumpy Old Fuck
Why does Nergal pull such stunts in Poland and not in other countries? Not to take a stance against religion... he knows what will happen when he does it in Poland and that means free publicity for him and his band and they will cash in on it, which they will certainly need to do with the current generic bland death metal they are churning out. A pure marketing trick by current day Behemoth. They never did it when they were a black metal band or during their creatively best period ( Satanica, Zos albums)

The guys is an attention whore first class, simple as that
----
Member of the true crusade against European Flower Metal

Yesterday is dead and gone, tomorrow is out of sight
Dawn Crosby (r.i.p.)
05.04.1963 - 15.12.1996

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30.10.2012 - 19:10
Vombatus
Potorro
This case got boring a long time ago.
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30.10.2012 - 19:36
Unhealer
Eclecticist
Written by Marcel Hubregtse on 30.10.2012 at 19:09

Why does Nergal pull such stunts in Poland and not in other countries?


I saw them here in Argentina that same tour on 2007 and they did it also.
It's missing here, but on other webzines I read an statement by Orion saying that it was nothing special, effectively they did it the whole tour.
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30.10.2012 - 19:39
Marcel Hubregtse
Grumpy Old Fuck
Written by Unhealer on 30.10.2012 at 19:36

Written by Marcel Hubregtse on 30.10.2012 at 19:09

Why does Nergal pull such stunts in Poland and not in other countries?


I saw them here in Argentina that same tour on 2007 and they did it also.
It's missing here, but on other webzines I read an statement by Orion saying that it was nothing special, effectively they did it the whole tour.


I saw them on the same tour here in The Netherlands and they didn't do it here, cause guess why? Because they already knew beforehand they wouln'd get any publicity by doing it.

My point stands, Nergal ONLY does it because of the publicity it will get him and his band
----
Member of the true crusade against European Flower Metal

Yesterday is dead and gone, tomorrow is out of sight
Dawn Crosby (r.i.p.)
05.04.1963 - 15.12.1996

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30.10.2012 - 19:47
Unhealer
Eclecticist
Written by Marcel Hubregtse on 30.10.2012 at 19:39

I saw them on the same tour here in The Netherlands and they didn't do it here, cause guess why? Because they already knew beforehand they wouln'd get any publicity by doing it.

My point stands, Nergal ONLY does it because of the publicity it will get him and his band


Weird. I didn't intend to contradict you though, since great part of the success Behemoth had has a lot to do with their image and not their music that point is valid even though I wouldn't put it like that.
Just wanted to point out that even if they didn't do it every date of the tour, it wasn't a special stunt for Poland.
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30.10.2012 - 19:49
SSM
Massacred
If he was here, he would be executed right away.
"Freedom Of Speech"? a bad joke.
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