OKO.press: The National Prosecutor's Office has launched an investigation into Schab, Radzik and Lasota

“OKO.press has established that in mid-July 2024, the National Prosecutor's Office initiated an investigation into the criminal transfer of three appellate judges from Warsaw. They concern experienced and valued criminal judges Marzanna Piekarska-Drążek, Ewa Gregajtys and Ewa Leszczyńska-Furtak. The decision to transfer them was made by the newly appointed president of the court of appeal, Piotr Schab, and his deputy, Przemysław Radzik, who are also disciplinary spokesmen for Minister Ziobro,” we read in Tuesday's publication of the portal.

It was added that “it was a punishment for the fact that judges, on the basis of judgments of the ECtHR and the CJEU, questioned the status of the new National Council of the Judiciary and the new judges nominated by it, and refused to adjudicate with them”.

As we read, the prosecutor's office will assess the decision of former court president Piotr Schab and his deputy Przemysław Radzik on the criminal transfer of three judges, in terms of exceeding their powers under Article 231 of the Penal Code (concerning exceeding or failing to fulfil the powers of a public official).

“It will check whether they violated Article 22a of the Act on the System of Common Courts, which states when judges can be transferred to other departments without their consent. The prosecutor's office will assess whether they could have transferred three judges to the labor department despite their many years of specialization in criminal law, without their consent and despite the staffing needs of the labor department. The prosecutor will assess whether this was an action to the detriment of citizens, because they were deprived of the right to have their case resolved by a professional and independent court. The judges did not adjudicate in either the criminal or labor department for a year,” OKO.press reports.

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The portal also writes that the prosecutor's office will assess whether Schab and Radzik “exceeded their powers under Article 231 of the Penal Code by disregarding the ECtHR's safeguards of December 2022.”

“It ordered the revocation of the criminal transfer. Schab found that the ECtHR safeguards do not apply in Poland. The prosecutor's office will assess whether Schab, acting as the main disciplinary spokesman and his two deputies Radzik and Michał Lasota, exceeded their powers under Article 231 of the Penal Code. This concerns the initiation of numerous disciplinary proceedings against judges Marzanna Piekrska-Drążek, Ewa Gregajtys and Ewa Leszczyńska-Furtak for applying European law, statements in the media or demanding the execution of judgments ordering their reinstatement to adjudicate in the old criminal division,” we read.