– One of the important elements of the audit report on 200 proceedings that must be met is the issue of possible criminal and disciplinary liability of colleagues who, when conducting or supervising them, were guided by premises that were not always correct and not always praiseworthy – he said in “Fakty po Faktach” on TVN24 Robert Kmieciak, president of the Lex Super Omnia Prosecutors' Association. Attorney Sylwia Gregorczyk-Abram (Free Courts Initiative), referring to the settlements, said that “it is clear that in most cases it was not some handmade work of evil geniuses, but there were situations where Mr. Macierewicz entered the NATO CEK and did not was heard during the proceedings.
The team of the National Prosecutor's Office “to investigate cases of public interest due to their subject matter and nature, conducted and completed in the years 2016-2023 in common organizational units of the prosecutor's office” sent the minister on Tuesday Adam Bodnarthe Minister of Justice and the Prosecutor General, an audit report of 200 proceedings that were conducted when the Ministry of Justice was in charge Zbigniew Ziobro and his subordinates. In many of them, prosecutors from the team found irregularities in the handling of these cases by their then clerks.
According to the findings of tvn24.pl journalists, the reservations concern, among others, investigations into the case of Jolanta i Aleksander Kwaśniewskione of the proceedings regarding night entry to the Counterintelligence Center of Expertise NATO (CEK) and against the heads of the Military Counterintelligence Service, as well as the “two towers” case.
READ MORE: Investigations from Ziobro's times and irregularities. Which one is this about? We know the details
Kmieciak: one of the important elements is the issue of possible criminal and disciplinary liability
The case was commented on in “Fakty po Faktach” on TVN24 by attorney Sylwia Gregorczyk-Abram (Free Courts Initiative) and Robert Kmieciak, president of the Lex Super Omnia Association of Prosecutors.
Kmieciak, when asked whether it is possible to resume the investigations in which irregularities were found, said that “a return to these proceedings is absolutely possible, although first this report is necessary, which is intended by the national prosecutor and the prosecutor general to assess the possibility of resuming , or resumption of proceedings, or effective further support of indictments, if any have been submitted to the court.
He also added that “one of the important elements of this report that must be met is, of course, the issue of possible criminal and disciplinary liability of those colleagues who were not guided by the merits of these proceedings when conducting or supervising these proceedings, but by other premises, not always correct and not always worthy of praise.
He noted that “we have to separate two issues here.”
– Of course, one issue is a specific procedure – one of those two hundred that we would take, so abstract – and we would assume that, for example, the team would find and conclude that the final substantive decision, for example the decision to refuse to initiate the proceedings, was a decision obviously wrong. If such a conclusion is reached, of course, on the one hand, it will be necessary to seriously consider resuming these proceedings and initiating proceedings in this case, i.e. an investigation and evidentiary proceedings. Of course, by a different prosecutor than the one who was the author of the earlier decision – said Kmieciak.
– And the second circumstance will be the implementation of official and possibly disciplinary proceedings, which will have to determine whether the author of this decision has not violated the dignity of the prosecutor's office, and therefore the dignity of the prosecutor's office, and has not thereby destroyed the perception of the independence of the prosecutor's office in public opinion, on the one hand, and on the other hand, if this behavior also bore the hallmarks of a crime, then also criminal proceedings, which may be conducted in a separate proceeding, – he emphasized.
Gregorczyk-Abram: these were just random behaviors to be assessed
The host of the program, Diana Rudnik, also drawing attention to the issue of political responsibility, noted that influence and pressure would also have to be proven.
– Certainly, although if you look at the article on the website (tvn24.pl.), you can see that in most cases it was not some handmade work of evil geniuses, but there were situations where Mr. Macierowicz entered the CEK NATO and was not heard in the proceedings, or that CDs from the recordings of the accident in which Mrs. Beata Szydło participated were lostor records were lost, key evidence in the case of Mr. Krzysztof Brejz and in the case regarding Pegasus. In many cases, these were simply zero-evaluable behaviors, and I think it will happen, said attorney Gregorczyk-Abram.
– Will it happen soon? The settlement is not a race. I would prefer it to be done reliably, in accordance with the rules, so that all the people mentioned in the report would simply face a fair, fair trial, in accordance with the rules, because there is no question of any revenge or vendetta here, only simply about a fair accounting of what citizens deserve, she added.
Main photo source: Darek Delmanowicz/PAP