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Pegasus. The prosecutor's office expands the investigation – TVN24

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The National Prosecutor's Office is expanding the scope of the investigation into the Pegasus case to include new crimes under the Penal Code – Maciej Duda, journalist of “Superwizjer” TVN and tvn24.pl, learned. Investigators are examining, among other things, whether a financial or personal benefit was obtained and whether the court was misled for this purpose as to the assumptions of operational control for which Pegasus was used. The prosecutor's office is also investigating whether directing, inciting or aiding in a prohibited act could have occurred in this case.

We have obtained the content of the letter sent to people who are witnesses and victims of the investigation into the illegal use of Pegasus spyware. It states that by the prosecutor's decision of June 4, the ongoing investigation is supplemented with additional acts.

– I confirm that we have expanded the scope of the investigation. I cannot say more at this time – confirmed the head of the investigative team, Józef Gacek, in a conversation with Maciej Duda.

The document we obtained shows that, among other things, it is about the possibility of obtaining financial or personal benefits through the use of Pegasus.

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– The prosecutor is conducting an investigation to determine who had an interest in obtaining this information and obtaining personal and material benefits from it, i.e. they could, for example, use this information in their political career for blackmail, i.e. personal benefits. He could also obtain material benefits, in short, sell this information – explains in an interview with tvn24.pl attorney Antoni Kania-Sieniawski, who is the representative of two injured people in this case.

Investigators are investigating whether the authority was misled

The prosecutor is also investigating whether in this case false certificates were obtained by fraudulently misleading other authorities in order to obtain consent to use the Pegasus software during operational inspections.

– This is about misleading the authority, i.e. behavior described in Article 272 of the Penal Code. This means – in this situation – misleading the court as to the assumptions of operational control. This means that the service that submitted such a request to the court acted with premeditation, because it knew that it would be done using an illegal device, and yet it claimed that it would be an operational control – adds Kania-Sieniawski.

Whoever obtains a false certificate by fraudulently misleading a public official or other person authorized to issue a document shall be subject to the penalty of imprisonment for up to 3 years.

Investigators are checking whether this case involved directing, inciting or aiding in a prohibited act.

§ 1. Not only the person who performs the prohibited act alone or jointly and in consultation with another person is liable for perpetration, but also the one who directs the performance of the prohibited act by another person or, taking advantage of another person's dependence on him, instructs him to perform such an act. § 2. Whoever, wanting another person to commit a prohibited act, induces him to do so, is liable for incitement. § 3. Anyone who, intending for another person to commit a prohibited act, facilitates its commission by his or her behavior, in particular by providing a tool, means of transport, giving advice or information; A person who, contrary to the legal and specific obligation to prevent the commission of a prohibited act, facilitates another person to commit it by his omission is also liable for aiding and abetting.

Pegasus investigation

In April, the spokesman for the National Prosecutor's Office, Prosecutor Przemysław Nowak, informed that in March an investigation was initiated into the abuse of powers and failure to fulfill duties by public officials – in the period from November 7, 2017 to December 31, 2022 in Warsaw and other places in the country , when using Pegasus software as part of operational and reconnaissance activities. In the opinion of the prosecutor's office, this was to the detriment of the public and private interests of persons involved in activities using Pegasus.

See also: Bodnar about notifications to people bugged by Pegasus

The decision to initiate an investigation was made by the head of the investigative team, appointed in February by Prosecutor General Adam Bodnar, which is conducting proceedings to examine the legality, regularity and purposefulness of operational and reconnaissance activities undertaken using the Pegasus software. This team was established as part of the Masovian Branch of the Department for Organized Crime and Corruption of the National Prosecutor's Office in Warsaw. Then, in April, a new team was established, headed by the well-known prosecutor Józef Gacek, and also including Artur Kassyk, an experienced investigator in combating organized crime.

Author:mjz, Maciej Duda

Main photo source: Shutterstock

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