The District Court of Tarnów, in Poland, has convicted this Thursday, October 29, Bishop Andrzej Jeż for failing to report in a timely manner to the civil authorities the sexual abuses against minors attributed to two priests of his diocese. The sentence, which is not yet final, imposes on the prelate two years of restricted liberty and the monthly payment of 25 % of his salary to a foundation for the protection of minors. The diocese has rejected the ruling and announced that it will file an appeal.
This is an unprecedented judicial resolution in Poland, where until now no active Catholic bishop had been criminally convicted for failing to comply with the obligation to report sexual crimes against minors committed by priests under his authority.
The ruling comes after proceedings that began on February 18, when Jeż appeared before the court accused of having delayed reporting to the Prosecutor’s Office the crimes attributed to two former priests of the Diocese of Tarnów.
Two years of restricted liberty and an economic sanction
The court found the bishop guilty of both charges brought by the Prosecutor’s Office and imposed a sentence of two years of restricted liberty. During that period, 25 % of his monthly remuneration must be allocated to the Dajemy Dzieciom Siłę Foundation, a Polish organization dedicated to protecting minors from violence and abuse.
The sentence also includes an economic contribution of 20,000 zlotys to the state fund for assistance to victims of crime.
The Prosecutor’s Office had requested a sentence of ten months in prison, suspended for three years, while the bishop’s lawyers sought his acquittal.
The central issue in the proceedings was not whether the abuses had ultimately been reported, but whether the bishop had fulfilled the legal obligation to immediately inform the civil authorities once he became aware of credible indications of the crimes.
The complaints against two priests from Tarnów
The case concerns Stanisław P. and Tomasz K., two former priests linked to the Diocese of Tarnów who were investigated for sexual crimes against minors.
In the case of Stanisław P., the Prosecutor’s Office investigations identified at least 95 minors harmed by acts committed over several decades. The ecclesiastical authorities had already investigated the accusations, and the priest was dismissed from the clerical state in 2013.
However, the formal report of the facts to the Prosecutor’s Office was made in August 2020. In the case of Tomasz K., the complaint was filed in December 2021.
Polish law, since July 2017, establishes the obligation to report without delay to the authorities certain sexual crimes against minors under 15 years of age, provided there is credible information about their commission.
The court considered that the bishop had been aware of sufficient circumstances to file the complaints before the dates on which they were ultimately submitted.
Some of the proceedings related to the abuses attributed to Stanisław P. could not continue due to the statute of limitations.
The bishop’s defense announces it will appeal the sentence
Andrzej Jeż has denied throughout the proceedings that he deliberately failed to comply with his legal obligations. His defense argued that the reports were made when sufficient information was available to determine that the reported facts could constitute crimes subject to the notification obligation.
The lawyers also pointed out that the ecclesiastical authorities had conducted their own investigations and that the cases were eventually referred to the competent civil bodies.
The court did not accept these arguments and held that it was up to the police and judicial authorities to determine whether the information received justified a criminal investigation.
After the sentence was announced, the bishop’s legal representatives, Paulina Majtkowska and Monika Brzozowska-Pasieka, stated that they would request the written reasoning of the ruling before filing the appeal.
The defense maintains that the bishop should have been acquitted.
The diocese rejects the ruling and recalls that both cases were reported
In an official statement published on October 29, the Diocesan Curia of Tarnów has expressed its disagreement with the judicial resolution and has recalled that the conviction is not yet final.
The diocese maintains that formal complaints were filed with the competent authorities in both cases and emphasizes that other individuals and state institutions were also aware of the facts.
It has also announced that the lawyers will request the written reasoning of the sentence and will file the corresponding appeal after reviewing it.
The statement, signed by the diocesan spokesperson, Father Ryszard St. Nowak, also expresses the Curia’s deep regret for the harm and suffering endured by the victims of sexual crimes, to whom it extends its respect and compassion.
An unprecedented judicial process in the Polish Church
The case had gained particular relevance since the beginning of the trial, as it was the first criminal proceeding of this kind against a Catholic bishop in Poland.
As reported last February, the prelate faced a possible sentence of up to three years in prison for the alleged breach of Article 240 of the Polish Penal Code.
The 2017 legislative reform made the reporting of certain serious crimes against minors a criminally enforceable obligation, including sexual abuse. Until then, reporting was primarily a social duty whose omission did not carry the same criminal liability.
The sentence handed down this Thursday establishes for the first time the criminal liability of a Polish bishop for the delay in reporting sexual crimes attributed to priests of his diocese.
However, the proceedings will continue in the second instance once the announced appeal is filed by the defense, so the conviction is not yet final.