2009/11/27 José Alberto Conrado Flores <fi.mcwan(a)gmail.com>om>:
Tomasz, are you being serious? I hope not.
Clearly, paragraph § 2 states that if a person"...carries ... object
containing the contents specified in § 1", then " The same penalty shall
apply ..." to that person.
So, if you walk down the street carrying a T-Shirt with the the communist
red flag (Che Guevara icon may be open to interpretation), then you are
clearly the subject of which paragraph 2 speaks about. The action of walking
down the street from point A to point B, does not have in itself (obviously
excluding what you may have been doing at point A, or what you may do at
point B) neither artistic, nor educational, nor scientific purposes.
It would be a farse if a judge acquitted a persons with the ridiculous
argument that he was doing what he was doing in an "artistic" or
"scientific" or "educational" way.
Having said that, I do believe that the law that you gently transcribed in
your email is a violation of human rights of expression and freedom of
thinking. If I had polish citizenship, I would fight to my bones, in order
to have this law vetoed. I am not a communist, but I would give my life to
let them express their ideas.
Well, maybe it is wrong translation. par. 2 by "carrying" or
"holding"
it is meant not holding or carrying for your personal use, but for
example putting 1000 T-shirts into truck and crossing the Polish
border with this stuff :-) The meaning is that the crime is making
bussines on that stuff or producing and distributing it with a main
goal to promote any communist regime. Wearing is not forbidden.
Moreover, in order to put you to prision the prosecutor will have to
prove that your main goal was indeed promotion of communist or fashist
regime. If you just wear a T-shirt with Che Gueavera face - you can
always say that it is for you not a symbol of current Cuban communist
regime but just a symbol of revolutionary liberation of poor people in
third world countries from western economic exploitation :-)
--
Tomek "Polimerek" Ganicz
http://pl.wikimedia.org/wiki/User:Polimerek
http://www.ganicz.pl/poli/
http://www.ptchem.lodz.pl/en/TomaszGanicz.html