Lithuanian Court of Appeal on Monday acquitted European Parliament member Petras Gražulis of inciting contempt against LGBTQI individuals, overturning a lower court conviction.
The ruling reverses a decision by Vilnius Regional Court, which had found Gražulis guilty and fined him 10,000 euros. The politician had appealed that verdict.
The case stemmed from remarks Gražulis made on May 26, 2022, following a parliamentary session on a civil union bill. Prosecutors said he used offensive language targeting people based on sexual orientation, arguing he acted with direct intent and was aware his comments were being recorded and made public.
“No act has been committed that has the characteristics of a crime or a criminal offence,” said Justas Namavicius, chairman of the judicial panel, while delivering the new verdict.
The Court of Appeal left the civil claims unexamined and did not award procedural costs against Gražulis.
The court found that the politician’s comments about the LGBTQI community were offensive and disparaging, but that this was insufficient to prove incitement against any national, racial, ethnic, religious, or other group of people.
“We have no doubt that these are statements of an offensive, disparaging nature. The court concluded that a public statement of an offensive, disparaging nature alone, if it does not contain a specific direct or indirect promotion of hatred or discrimination, is not sufficient for liability to arise under Article 170 of the Criminal Code,” Namavičius said, explaining the reasoning behind the panel’s decision.
Ahead of Monday’s decision, Gražulis said he believed he already knew the outcome. In a statement released hours before the ruling, he claimed the court would find him guilty for quoting the Holy Scriptures during a debate involving LGBTQI community members in the Seimas.
He argued that such a conviction would amount to persecution of religion and freedom of speech and said he would appeal to the Supreme Court of Lithuania if necessary.
After the ruling was announced, the politician said it was unexpected.
“In no way did I expect to be acquitted, even though they should have acquitted me,” he told BNS. “I want to thank the judges and I want to apologise for my statement.”
Gražulis did not attend the appeals hearing, as his presence was not required.
Defence lawyer Saulius Žentelis said his client had the right to hold and express personal views, arguing that the statements did not constitute a criminal offense.
Prosecutor Jurgita Jakučionė countered that Gražulis deliberately used degrading language and acted with intent to incite contempt.
The case against Gražulis quoted his statements calling gay people “pederasts” and accusing them of spreading venereal diseases.
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