The PiS settlement team notified the prosecutor's office about the judges who issued the Supreme Court resolution regarding the status of Dariusz Barski as a national prosecutor. As indicated, the people issuing Friday's resolution “impersonated Supreme Court judges, despite the faulty process of appointing them to this position.”
Head of the settlement team PIS Roman Giertych informed on the X platform about notifying the prosecutor's office about the possibility of committing a crime by people who issued the resolution of the Supreme Court on the status of Dariusz Barski as a national prosecutor. He also posted a photo of a document submitted to the District Prosecutor's Office in Warsaw.
The notification concerns an act pursuant to Art. 227 of the Penal Code. It states that “whoever, pretending to be a public official or taking advantage of the false belief of another person, performs an activity related to his function, shall be subject to a fine, restriction of liberty or imprisonment for up to one year.” As indicated in the notice, signed by a dozen or so members of the team, the people issuing Friday's Supreme Court resolution “impersonated themselves as Supreme Court judges, despite the faulty process of appointing them to this position.” “They committed the alleged act intentionally, with direct intent,” it was added.
On Friday, the Criminal Chamber of the Supreme Court, composed of judges appointed to the Supreme Court after 2017 – Zbigniew Kapiński, Marek Siwek and Igor Zgoliński – stated that the appointment of Barski as national prosecutor in 2022 was legally effective.
READ ALSO: Supreme Court in the Barski case. Prosecutor's Office: this position has no legal effects
In the justification for the resolution, Judge Kapiński assessed that in January there was an “instrumental use of the law” when Barski was removed from the position of head of PK.
“The neo-judges of the Supreme Court defend their own positions and the politicization of the justice system. The position of the three neo-judges is not a resolution of the Supreme Court and is not binding,” the Minister of Justice-Prosecutor General emphasized on Friday. Adam Bodnarreferring to this resolution.
On Monday, Barski appeared in front of the PK headquarters with the expectation that he would be able to “undertake (…) official duties, in accordance with the Supreme Court's ruling.”
READ ALSO: He was not allowed to enter the prosecutor's office. The president will receive it on Tuesday
– I am a prosecutor and I act in accordance with the law. I am doing my duty. If I'm not allowed in, well, I won't force the gate with my head, I won't use force, he told journalists before trying to enter the building, which ended in failure.
President Andrzej Duda He assessed on Tuesday that the attempt to remove Barski from the position of national prosecutor was legally ineffective, and the subsequent appointment of Dariusz Korneluk to this position was completely illegal. He added that the office is considering methods to restore the rule of law.
Main photo source: PAP/Leszek Szymański