Roman Giertych wants to suspend prosecutor Michał Ostrowski. Zbigniew Ziobro answers

“We have unanimously adopted the resolution of the Presidium of the KO team for PiS settlement about a referral to the Prosecutor General for immediate suspension in the actions of prosecutor Michał Ostrowski along with a reduction in his salary for the illegal initiation of a private investigation,” he wrote on Friday on the platform of X Giertych on Friday, which is the head of this team .

The president of the contemporary of the Constitutional Tribunal, who was questioned in the current shape Donald TuskMarshals of the Sejm and Senate, head of the Government Legislation Center and some judges and prosecutors.

According to the President of the Constitutional Tribunal, the crime is that from December 13, 2023, these persons act “in an organized criminal group”, aimed at “changing the constitutional system of the Republic of Poland and acting to achieve or stop the activities of the Constitutional Tribunal and other constitutional bodies, including KRS and SN “.

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Envoy PIS and former Minister of Justice Zbigniew Ziobro In response to the entry of Giertych, he wrote on platform X that prosecutor Ostrowski “cannot be intimidated”.

“Ping-pong did not help, there is panic, because even German media informs about the assassination of the state's system. The investigation is conducted by prosecutor Ostrowski, which cannot be intimidated. It is no longer possible to hide the unlawful, forceful acquisition of public media, courts and prosecutor's office. The paralysis of the Constitutional Tribunal, the National Court Register and the Supreme Court, began to be silent.

Art. 127 of the Penal Code applies to the coup, and parish 1 of this article provides that “who, with the aim of deprivation of independence, detachment of a part of the area or changing the violence of the constitutional system of the Republic of Poland, undertakes in consultation with other people activities aimed directly to the realization of this goal, is subject to the penalty of deprivation of liberty for a time not shorter in a period of time not shorter in years 10 or life imprisonment. “

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The Constitutional Tribunal in its current shape was and is criticized by the current authorities and some lawyers, indicating, among others, that the so -called Judges of doublers (chosen for places in the Constitutional Tribunal already staffed). At the beginning of March last year The Sejm adopted a resolution in which he stated that “in the activities of the public authority of the CT public authority issued in violation of the law could be considered a violation of the principle of legalism by these bodies.”

Since the adoption of that resolution by the Sejm, the judgments of the Constitutional Tribunal are not published in the Journal of Laws. In turn, in the last year adopted in December The government's resolution was stated, among others, that the announcement of official decisions of the Constitutional Tribunal could lead to the consolidation of the state of the rule of law. As added, “it is not allowed to announce documents that have been issued by an unauthorized authority.”

At the end of January, Święczkowski in a letter addressed to Prime Minister Donald Tusk demanded the publication of 22 judgments of the Constitutional Tribunal issued in 2024. In another letter – to the Marshal of the Sejm Szymon Hołownia – He appealed for actions to fill vacancies at the Constitutional Tribunal, which arose after the end of the term of three judges.

On Thursday, prosecutor Anna Adamiak, spokeswoman for the Prosecutor General Adam Bodnarshe said that “the national prosecutor's office from the media learned that the deputy prosecutor general, prosecutor Michał Ostrowski, initiated criminal proceedings from the notification of the President of the Constitutional Tribunal Bogdan Święczkowski about the possibility of committing a crime of a coup d'état by the highest state officials.”

Informed that An employee of the Constitutional Tribunal submitted an envelope to the secretariat of Ostrówand he did not give her the right unit. Due to the applicable regulations, she described the situation as “private correspondence” by Ostrowski and pointed out that the prosecutor did not conduct proceedings in this case because “the case was not registered”.

– Even if this case was registered, prosecutor Ostrowski could not conduct this proceeding, because he would be excluded on the basis of Article 40. Paragraph 1. Private relations with him – said PG spokeswoman.

Prosecutor Ostrowski has been the deputy prosecutor general since November 2023. He was appointed by the then prime minister Mateusz Morawiecki from the nomination of the then Minister of Justice, Prosecutor General Zbigniew Ziobro. In March 2016, Ostrowski became the director of the Department for Economic Crime in the National Prosecutor's Office, and then he was appointed as the prosecutor of PK. Święczkowski in 2016–2022 was the national prosecutor and the first deputy prosecutor general.

Ostrowski, together with other deputies of the Prosecutor General appointed during the PiS rule, signed the statements critical of the new power. Together, they submitted a notification, which became the basis for the initiation by the Regional Prosecutor's Office in Warsaw an investigation into the exceeding of entitlements by public officials, including the Minister of Justice – the Prosecutor General, by taking unlawful actions aimed at dismissing Dariusz Barski from the function of the national prosecutor. At the end of December, Prosecutor General Adam Bodnar directed three of his deputies – Ostrowski, but also Robert Hernand and Krzysztof Sierak – to work in the branches of the National Prosecutor's Office.

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