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Tuesday, December 7, 2021

Elblag. Judge suspended for one month. The prosecutor dealing with Amber Gold dismissed the case and referred to the CJEU judgment

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Judge of the District Court in Elbląg, Maciej Rutkiewicz, was suspended for a month in his duties on Tuesday. This is related to the discontinuation of the proceedings against the prosecutor Barbara K., who conducted and supervised the investigation concerning Amber Gold in 2009-2012, the day before. The court, referring to the judgment of the Court of Justice of the European Union, found that the prosecutor’s immunity was ineffective by the unrecognized Disciplinary Chamber of the Supreme Court.

The president of the District Court in Elbląg today ordered an immediate break in the duties of judge of this court, Maciej Rutkiewicz, for a month, said Tomasz Koronowski, the spokesman of the District Court in Elbląg, on Tuesday.

“The legal basis for the order is Art. 130 par. 1 of the Law on the System of Common Courts. The issuance of the order is related to the decision of the SR in Elbląg to discontinue, pursuant to Art. 17 par. 1 point 10 of the Code of Criminal Procedure in the case against Barbara K., judge Maciej Rutkiewicz is the clerk “- informed the spokesman.

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The court discontinued the proceedings in the case of prosecutor Barbara K.

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On Monday, the District Court in Elbląg discontinued the proceedings against prosecutor Barbara K., who led and supervised the investigation of Amber Gold in 2009-2012. The indictment alleges that she has failed to fulfill her duties and exceeded her powers.

Justifying the decision to discontinue the proceedings, Judge Rutkiewicz said that the Elbląg court came to the conclusion that Barbara K. did not have the required permission to prosecute for the alleged offense, which is necessary in the case of prosecutors protected by immunity.

“This was due to the fact that the resolution of the disciplinary court at the prosecutor general allowing Barbara K. to be held criminally responsible for the alleged offense was upheld by a resolution of the Disciplinary Chamber of the Supreme Court, which was created without ensuring her independence and impartiality,” he said.

He referred to the judgment of the Court of Justice of the EU of July 15, 2021, which found that the system of disciplinary liability of judges in Poland is not consistent with EU law. The judge also referred to the resolution of the three chambers of the Supreme Court of 23 January 2020, which states that an improper appointment of a court occurs when the court includes a person appointed as judge by the current composition of the National Council of the Judiciary.

The National Prosecutor’s Office does not agree with the court’s decision in the case of Barbara K.

The decision to discontinue the proceedings is not final. The prosecutor’s office announced that it would immediately appeal against this decision, after receiving its written justification.

The press department of the National Prosecutor’s Office informed on Monday that the prosecutor’s office did not agree with the decision of the District Court in Elbląg to discontinue the proceedings against prosecutor Barbara K. “due to the allegedly ineffective lifting of the prosecutor’s immunity by the Disciplinary Chamber of the Supreme Court.”

“The decision of the court undermining the effectiveness of lifting the immunity of prosecutor Barbara K. creates a legal chaos that is dangerous for the public order. It may lead to the undermining of other proceedings in cases which require or will require the lifting of the immunity of prosecutors or judges” – PK informed.

Prosecutors indicated that the decision was groundless and “destructive from the point of view of state security, public interest and citizens’ rights”. “It is a manifestation of the anarchization of the law, undermines the authority of the judiciary and contributes to its destabilization” – assessed PK.

The National Public Prosecutor’s Office on the proceedings against Barbara K.

“The court’s decision threatens the further course of the proceedings against Barbara K., whose prosecutor’s office accuses her of failing to fulfill her duties and exceeding her powers. Prosecutor Barbara K. conducted and supervised the proceedings in the Amber Gold company in 2009-2012, i.e. immediately after the notification was submitted by the Polish Financial Supervision Authority. “- prosecutors reported.

According to them, Barbara K. “grossly neglected her duties, ignoring information about the criminal activities of Amber Gold and not performing many activities that were obvious from the point of view of the investigation.” “As a result, it allowed for the continuation of criminal activities by Marcin P. and the Amber Gold company led by him, whose actions led to the unfavorable disposal of the property of almost 19,000 people” – PK informed.

“The court’s decision is all the more outrageous as it concerns a public official accused in a serious criminal case who, due to his prosecution service, is obliged to uphold the rule of law. Meanwhile – as evidenced by the evidence – in almost three years, when Barbara K. conducted and supervised the investigation of Amber Gold, the company concluded about 50,000 transactions regarding the so-called gold deposits with a value of over PLN 800 million. As a result of the criminal practice, many victims lost their entire life savings “- added PK.

Main photo source: TVN24



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