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Saturday, December 4, 2021

Leszek Czarnecki. The court decided to revoke the security of the businessman’s property. Roma Giertych and the prosecutor’s office comment

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The District Court in Warsaw revoked all property security that the prosecutor’s office made on the property of Leszek Czarnecki, his defense attorney Roman Giertych said. He assessed that the ruling had a “very practical” dimension, as this allowed his client to freely dispose of his property. In turn, the spokesman of the Regional Prosecutor’s Office in Warsaw, Marcin Saduś, assessed that such a court decision was “wrong” and “hindered the criminal proceedings”.

“The District Court today revoked all property security that the prosecutor’s office made on L. Czarnecki’s property. The court stated that there was no probability that he would commit a crime, and that he did not obtain the status of a suspect. The decision is final” – wrote Giertych on Twitter.

Giertych: the Czarnecki ruling has a very practical dimension

A similar entry on Twitter was also posted by the second defender, attorney Jakub Wende.

“The District Court in Warsaw, in the case of Leszek Czarnecki, overturned the decisions of the Prosecutor’s Office on securing property, complained by the defense lawyers, stating that he was not a suspect and the charges had not been substantiated. Congratulations to his fellow defenders,” he wrote.

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Attorney Giertych, commenting on Thursday’s decision of the court in an interview with tvn24.pl, said that he was very pleased with this decision. He pointed out that this ruling also had a “very practical” dimension, as it allowed Leszek Czarnecki to freely dispose of his property.

He stressed that the court confirmed that Czarnecki did not have the status of a suspect.

Prosecutor’s office: the court’s decision is incorrect

The Regional Prosecutor’s Office in Warsaw referred to the court’s decision. – Thursday’s decision of the District Court in Warsaw to revoke collaterals worth over PLN 200 million on the assets of Leszek Cz., Suspected of committing frauds to the detriment of Idea Bank SA customers and causing large-scale damage to the bank, is wrong – said the spokesman of the Regional Prosecutor’s Office in Warsaw Marcin Saduś.

– What is particularly shocking, the court went beyond its powers under the Code of Criminal Procedure, ruling that Leszek Cz. allegedly does not have suspect status in the investigation – stated the prosecutor.

He also informed that, in the opinion of the prosecutor’s office, the court’s statement regarding the status in the investigation by Leszek Czarnecki was “devoid of any procedural significance”. – According to the Code of Criminal Procedure, it is only the prosecutor who decides whether a given person is considered a suspect. The suspect obtains this status when the prosecutor draws up the statement of charges. Such a document in relation to Leszek Cz. has been drawn up. This status was also not questioned by district and regional courts when ruling on the temporary arrest of Leszek Cz. in connection with his hiding from law enforcement authorities – explained prosecutor Saduś.

Read more: There will be no arrest for Leszek Czarnecki

– In this decision, the prosecutor presented Leszek Cz. allegations of fraud to the detriment of Idea Bank SA customers and of causing the bank damage in large sizes. The evidence collected since April 2018 shows that the suspect, as the Chairman of the Supervisory Board of Idea Bank SA, was a person who actually made key decisions in the bank, he had knowledge of the details of the sale of GetBack SA corporate bonds, Leszek Cz. accepted this practice despite the fact that the bank did not have the required permission from the Polish Financial Supervision Authority to conduct such activity, and its clients were misled as to the guarantee of profit and security of investments in GetBack bonds – he stressed.

Leszek CzarneckiTomasz Kawka / East News

He reminded that the charges against Leszek Czarnecki were not announced because – according to the prosecutor’s office – he was hiding from law enforcement authorities. – It should be emphasized that the suspect knows from at least September 10, 2020 that the prosecutor’s office intends to announce him allegations of committing crimes. At that time, among other things, he gave press interviews in which he explicitly expressed his position on the proceedings and did not hide that ‘he decided that it was better to leave the country and wait there for the situation to develop’. From the moment he became aware of the decision on the presentation of charges, he has not expressed his will to appear – he said.

The prosecutor’s office about another decision “obstructing criminal proceedings”

The spokesman of the Regional Prosecutor’s Office in Warsaw pointed out that despite the summonses addressed to the suspect abroad, which had been delivered, Leszek Czarnecki had not appeared voluntarily for any date of the interrogation to this day. “The last date of the activities was scheduled for November 10, 2021. Each time he sent medical certificates prepared by foreign doctors of various specialties,” he handed over.

– The court’s assessment of the absence of any probability of committing crimes by Leszek Cz is incomprehensible. The prosecutor’s office reminds that in the present case the courts had already ruled on a high probability of committing a crime by Leszek Cz. – he reminded. He assessed that the Thursday ruling of the District Court in Warsaw is another decision “obstructing the criminal proceedings”. – Earlier, the court did not consent to the temporary arrest of Leszek Cz., Which made it impossible to issue an arrest warrant for the suspect – he said.

– In the current situation, as a result of the scandalous actions of the courts, the proceedings against Leszek Cz. it is extremely difficult. This situation will have an impact on the possibility of claiming possible damages by the victims of the GetBack scandal – he stressed.

– Unstable and chaotic case law in this case deserves an extremely negative assessment. Preventing a case of a person suspected of gigantic fraud from being examined in a courtroom is typical for an attorney, not an independent court – added prosecutor Marcin Saduś.

Main photo source: Tomasz Kawka / East News



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