– One of the important elements of the audit report of two hundred cases that should be carried out is the issue of possible criminal and disciplinary liability of colleagues who were guided during their conduct or supervision of buildings that were not always correct and not always worthy of praise. – said Robert Kmieciak, president of the Association of Prosecutors Lex Super Omnia, in “Fact po Factach” on TVN24. Lawyer Silvia Gregorczyk-Abram (Free Courts Initiative) said, referring to the settlements, that “it is clear that in most cases it was not the handiwork of evil geniuses, but there were situations when Mr. Macerjevic entered CEK NATO and was not heard during the trial .
The team of the National Prosecutor’s Office “for the investigation of cases related to the subject and their nature, which were carried out and completed in the general organizational units of the prosecution in 2016-2023” on Tuesday sent the audit report of two hundred cases. were transferred to the Minister of Justice and Prosecutor General Adam Bodnar, who were in charge of the Ministry of Justice when Zbigniew Ziobro and his subordinates were in charge. In many of them, the prosecutors of the group discovered shortcomings in the consideration of these cases by their then secretaries.
According to the conclusions of tvn24.pl journalists, the explanations include the investigation of the case of Jolanta and Alexander Kwasniewski, one of the cases of the night entry into the NATO Counterintelligence Expertise Center (CEK) and against the leaders of the military counterintelligence office, as well as the “two towers” case.
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Kmieciak: one of the important elements is the issue of possible criminal and disciplinary liability
The case was explained on TVN24’s “Fact by Fact” by attorney Silvia Gregorczyk-Abram (Free Courts Initiative) and Robert Kmieckiak, president of the Lex Super Omnia Prosecutors’ Association.
When asked if it is possible to resume the investigation in which the violations were discovered, Kmieciak replied that “it is absolutely possible to return to these cases, although first this report is necessary to be evaluated by the national prosecutor and the attorney general.” events provided for, the possibility of re-opening or re-opening the case or further effective support of the charge, if presented to the court.
He added that “one of the important elements of this report, which should be implemented, is, of course, the issue of possible criminal and disciplinary liability of those colleagues who were not guided by the nature of these cases or supervision during the conduct of these cases, but according to other premises, not always right and not always praiseworthy.”
He noted that “here we have to separate two issues”.
– Of course, an issue is a specific procedure – one of the two hundred that we have accepted, very abstract – and we assume that, for example, the team finds and comes to the conclusion that the final decision, for example, the decision to withdraw from the trial drew, the decision was certainly wrong. In case of reaching such a conclusion, of course, on the one hand, it is necessary to seriously consider the issue of restarting these cases and starting the case, i.e. investigation, conduct of evidentiary proceedings. Of course, by a different prosecutor from the one who was the author of the previous decision, – said Kmieciak.
– And the second case, the implementation of formal and perhaps disciplinary cases, which should determine whether the author of this decision did not violate the dignity of the prosecutor’s office and, therefore, the dignity of the prosecutor’s office, and thus, on the one hand, destroyed the perception of the independence of the prosecutor’s office in the public opinion. on the other hand, if this behavior also has the characteristics of a crime, then also a criminal case that can be conducted in a separate trial, – – he emphasized.
Gregorczyk-Abram: These were random behaviors that should be evaluated
Diana Rudnik, the presenter of this program, also focused on the issue of political responsibility and emphasized that influence and pressure should also be proven.
– Of course, although if you look at the article on the website (tvn24.pl.), you will see that in most cases it was not the handiwork of evil geniuses, but there were cases when Mr. Macerovic entered the NATO CEK and was not heard at the trial or the discs from the records of the accident involving Ms. Beata Szydlo are missing or the discs are key evidence in the case of Mr. Krzysztof Breyza and the case related to Pegasus. In many cases, these were behaviors that should be evaluated, and I think that will happen, said attorney Gregorczyk-Abram.
– Will it happen soon? Counting is not a race. I would prefer that this be done reliably, according to the rules, so that all the people mentioned in the report will face only a fair and just court, following the rules, because this is not about revenge or revenge. , only about fair accounting of what citizens deserve, he added.
Main photo credit: Darek Delmanovic/PAP
