The Ministry of Justice led by Zbigniew Ziobro wants to change the regulations on subsidiary indictments. After the proposed changes, prosecutors will be able to block criminal cases pending as a result of such acts.
The regulations proposed by the Ministry of Justice were described by “Gazeta Wyborcza”. The daily reminds that according to the current legal status, “citizens have the opportunity to seek justice on their own before a criminal court”.
When the prosecutor’s office twice refuses to deal with the aggrieved party’s case, he or she may file a so-called subsidiary indictment himself. “In this case, the president of the court, by sending a copy of the indictment to the prosecutor, calls on him to send the files of the preparatory proceedings within 14 days” – reminds “GW”.
However, the ministry headed by Ziobro wants to “drastically change the situation”, writes the daily. According to the proposed regulations, “investigators will be able to block such cases when they consider that the person bringing the indictment is not a victim, they will be able to refuse to hand over the files to the court.”
According to “GW”, “the proposed change can be used to limit cases involving suspected crimes on the part of the authorities or people associated with them”. “It will also mean that in such a situation the prosecutor will have more to say than the court.”
Judge Marcin Świerk commented on Ziobro’s proposal in an interview with “Wyborcza”. – The prosecutor’s order is entitled (according to the draft – ed.) to the entity lodging the indictment, but not to the court, but to the superior prosecutor. Therefore, it is not the court that will decide on the exercise of the right to a court, but the prosecutor, he said.
The ministry explains: it’s about clarification
The ministry explains that the right to request files and the obligation to send them to the court “appear only when the indictment comes from the aggrieved party, and not from an entity that does not have such a status in the case, in particular the person or institution that reported the crime”.
That is why the ministry claims that it is a “clarification” that will contribute to “reducing the number of cases of accepting indictments for consideration by persons and other entities not authorized to do so”.
Main photo source: Concrete24