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Envelope elections. The refusal to initiate an investigation is final. There is a court decision

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The decision to refuse to initiate an investigation into envelope elections issued by the prosecutor’s office has become final, Szymon Banna, spokesman for the District Prosecutor’s Office in Warsaw, said on Wednesday. The court did not accept the Supreme Audit Office’s complaint in this case.

On Wednesday, the District Court for Warsaw-Śródmieście did not accept the complaint of the Supreme Audit Office and upheld the decision of the District Prosecutor’s Office in Warsaw to refuse to initiate an investigation into the case. elections envelopes.

District Court for Warsaw ŚródmieściePAP/Mateusz Marek

The spokesman for the District Prosecutor’s Office in Warsaw, Prosecutor Szymon Banna, said that the Supreme Audit Office’s complaint concerned the decision of the District Prosecutor’s Office in Warsaw to refuse to initiate an investigation into the abuse of powers by the Prime Minister, as well as the Minister of State Assets and other officials from the Chancellery of the Prime Minister, involving the preparation of decisions. administrative provisions of the Prime Minister of April 16, 2020, instructing Poczta Polska SA and Polska Wytwórnia Papierów Wartościowych SA to implement activities in the field of counteracting COVID-19, consisting in taking and implementing the necessary activities aimed at preparing for the elections of the President of the Republic of Poland in 2020, in correspondence mode.

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The decision refusing to initiate an investigation has become final

– The court examining this complaint agreed with the arguments of the District Prosecutor’s Office in Warsaw, pointing out that in this case the behavior of state officials, including the Prime Minister, was within the limits of the law and did not meet the criteria of a crime under Article 231, paragraph 1 of the Penal Code (abuse of power – ed.) – added the spokesman for the prosecutor’s office.

Read the Konkret24 text: Sasin before the State Tribunal for envelope elections? Who made what decisions, when and what

Therefore, the decision of the District Prosecutor’s Office in Warsaw of December 30, 2021 refusing to initiate an investigation is final.

Supreme Audit Office notifications regarding envelope elections

In May 2021, the president of the Supreme Audit Office Marian Banaś presented the results of the inspection regarding preparations for envelope elections. He said that organizing and preparing the elections on May 10, 2020 “based on an administrative decision should not have taken place and was without legal basis.”

May 13, 2021 in connection with the costs incurred by Poczta Polska and PWPW to implement the Prime Minister’s orders regarding the organization of envelope elections, Supreme Chamber of Control submitted notifications to the prosecutor’s office on justified suspicion of committing a crime by the management boards of Poczta Polska and PWPW consisting in failure to fulfill their obligation to exercise due diligence resulting from the professional nature of their activities.

As “Rzeczpospolita” reported in May 2022, in both cases the prosecutor’s office refused to initiate an investigation. In the Poczta Polska case, the court agreed with the Supreme Audit Office and ordered the prosecutor’s office to initiate an investigation, and in the case of PWPW, it stated that the prosecutor’s office’s decision was right.

On May 25, 2021, the Supreme Audit Office submitted a notification to the prosecutor’s office that the Prime Minister had committed a crime Mateusz Morawiecki and the then head of the Chancellery of the President of the Council Michał Dworczyk consisting in a violation of “generally applicable provisions of law, resulting in the expenditure from the state budget of an amount in the total amount of PLN 56,450.4 thousand as compensation for PP and PWPW”.

The notification also concerned the then Minister of State Assets, Jacek Sasin, and the Minister of Internal Affairs and Administration, Mariusz Kamiński, who allegedly violated the same provision of the Penal Code by failing to fulfill their duties, which “led to large-scale financial damage.”

The Supreme Audit Office accused the Management Board of Poczta Polska of unauthorized processing of personal data despite the lack of authorization to process them; requesting, without a statutory legal basis, the transfer of personal data from the Minister of Digital Affairs and from the voter data list from local government bodies, and then processing this data in a manner inconsistent with the provisions of the GDPR.

Envelope elections

The presidential elections were to be held on May 10, 2020, during the COVID-19 epidemic in Poland. The government planned that in this situation the elections would be held only by correspondence. The Minister of State Assets, Jacek Sasin, was responsible for organizing the vote – in accordance with the Act of April 6 of that year on special rules for conducting presidential elections ordered in 2020. Ultimately, however, this act came into force only on May 9, and the elections were postponed. Previously printed, among others: election packages. Their delivery was to be handled by Poczta Polska, using voter lists obtained from local authorities.

READ ALSO: The elections that did not take place cost Poczta Polska nearly PLN 70 million

PAP, tvn24.pl, “Rzeczpospolita”

Main photo source: PAP/Mateusz Marek



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