The Supreme Court reversed the case of bodybuilder and MMA wrestler Filip Grznar, who in a video on the social network approved the murder of a Roma in the Chomutov housing estate.
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The post was published by Grznár shortly after a Roma man was shot dead in May 2017, who, according to the investigation, threatened the area with his car, having previously knocked down a woman and wrecked several cars. The shooter was sentenced to ten years in prison for murder when courts took into account “some complicity on the part of the victim” in the verdict.
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Filip Grznár agreed with the murder. “A gypsy drove people and injured someone. A man there defended himself against him, took a legally held nine and shot him. He did a good thing, “he said to the convict. He was then charged with violating two paragraphs for his video. According to investigators, he committed a crime of violence against a group of people and against an individual, as well as a crime of approving a crime.
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According to a final judgment, he was sentenced to a financial sentence of 15,000 crowns. However, he filed an appeal and the Supreme Court has now overturned the verdict. So the appellate instance – the Regional Court in Ústí nad Labem – has to deal with his case again.
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Supreme Court Judge František Hrabec concluded that there was not enough evidence for a criminal conviction. What is important in the reasoning is the judge’s sentence that it is not enough to convict the accused to throw out hysterical and unsubstantiated statements on the Internet.
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“The reluctance of the appellant (Filip Grznar) to gather a sufficient amount of information on a particular topic or his inability to carefully and without selective thinking classify and analyze it before publicly spewing out tendentious, emotional, hysterical and factual statements on the Internet for such a legal assessment of his conduct without further ado is not enough, “said Judge Hrabec.
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The courts of appeal stated that Grznár could obtain information about the murder at least from the media, which reported on the case in detail.
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However, the judge wrote in the judgment that the Board of Appeal “does not share the opinion of the lower courts that the various relevant media outlets at the material time did not offer news consumers an alternative to the Chomut shooting fact that the appellant ‘worked’ in his contribution, namely that the killed R. Immediately before, Š. Endangered other people’s lives by running into them with a van. ”
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The appellate court is now to assess whether Grznar’s video may have motivated other people to commit crime. Grznar’s lawyer, Jan Varga, had previously said in court that no one had contacted the police in this regard.
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The decision of the Supreme Court was also delivered to the Supreme Public Prosecutor’s Office. “The main reason for the annulling decision was mainly the shortcomings in the evidence in relation to the subjective aspect of the crime,” said the spokesman of the Supreme Public Prosecutor’s Office Petr Malý.
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Judge Hrabec also mentioned that the appellate court should consider whether Grznar could be convicted of a criminal offense.
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“If the Court of Appeal proceeds to a more lenient legal assessment of the accused’s conduct, it will logically reflect this fact in the newly imposed sentence,” Hrabec said.
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Grznar is currently being investigated by the police for another act. A few days ago, as he wrote server Novinky.cz, put a video on social networks again, this time publicly praising the war in Ukraine, which Russia had attacked more than a month ago. He also stated that he was looking forward to the outbreak of war in the Czech Republic.
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“There is no right in the war. In a war, you can commit angry crime, which I like, it’s a dream. I just want there to be a war in the Czech Republic, I just want Russia or anyone else to come to us… I want a war, “he said, among other things.
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In recent days, the Attorney General Igor Stříž has called for the prosecution of speeches approving Russian aggression, ie verbal crimes.
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According to the lawyers, the solution of similar acts, due to which the investigation of Grznár is complicated, is complicated.
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“Mere consent is not a criminal offense, it is necessary to examine not only the actual content of such approval, the sources, the timing and its intention. Which is the basis for criminal prosecution, ie the subjective side of the offender, “said lawyer Jiří Matzner.
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Lawyer Jakub Blažek speaks similarly. According to him, it will always be necessary to examine each contribution individually. “It will be necessary to examine what led the potential perpetrator to such conduct and what information he had at his disposal,” Blažek added.
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