An indictment was brought to the District Court in Krosno against a former official of the County Office in Sanok and a councilor who allegedly used data to obtain financial benefits. The prosecutor’s office accused her of organizing and leading a criminal group. Four other people will also sit on the defendant’s bench.
The prosecutor’s office accused the former official of committing a crime under Article 258, paragraphs 1 and 3 of the Penal Code, which concerns founding, managing and participating in an organized criminal group, and under Article 231, paragraph. 1 and 2 of the Penal Code, which concerns the abuse of powers by a public official in order to obtain a financial advantage.
1. Anyone who takes part in an organized group or association with the aim of committing a crime or a fiscal offense shall be subject to the penalty of imprisonment from 3 months to 5 years. § 2. If the group or association specified in § 1 is of an armed nature or aims to commit a crime of a terrorist nature, the perpetrator shall be subject to the penalty of imprisonment from 6 months to 8 years. § 3. Whoever establishes or manages a group or association specified in § 1, including those of an armed nature, shall be subject to the penalty of imprisonment from 1 to 10 years. § 4. Whoever establishes or manages a group or association with the aim of committing an offense of a terrorist nature shall be subject to the penalty of imprisonment for a period of not less than 3 years.
1. A public official who, exceeding his or her powers or failing to fulfill his or her duties, acts to the detriment of the public or private interest shall be subject to the penalty of imprisonment for up to 3 years. § 2. If the perpetrator commits the act specified in § 1 in order to obtain a financial or personal benefit. , shall be subject to the penalty of imprisonment from one year to 10 years. § 3. If the perpetrator of the act specified in § 1 acts unintentionally and causes significant damage, he or she shall be subject to a fine, restriction of liberty or imprisonment for up to 2 years. § 4. The provisions of § 2 shall not apply. , if the act meets the criteria of a prohibited act specified in Art. 228.
The defendants will also include four other people who – together with the clerk – allegedly operated in an organized criminal group. According to the Krosno prosecutor’s office, these are people from the “closest family” of the former official.
The official was supposed to lead a “criminal group”
According to prosecutor Beata Piotrowicz, acting spokeswoman for the District Prosecutor’s Office in Krosno, the crimes charged against all defendants were committed in the period from October 10, 2018 to April 10, 2019.
“The collected evidence allowed it to be established that the accused organized a criminal group that she led, and this group was composed mostly of members of her immediate family. The group’s aim was to obtain financial benefits by the group members through crimes involving the abuse of powers by a public official. “Due to the fact that, as an inspector in the Department of Communication and Transport of the County Office in Sanok, in order to obtain personal or financial benefits for other group members, using access to driver and vehicle databases (CEPiK), she transferred this data to unauthorized persons, that is, the remaining defendants running a business in the field of insurance mediation. Thanks to this information, the defendants concluded third-party liability insurance contracts with vehicle owners and then received financial benefits from insurance companies in the form of commissions for the concluded insurance contracts,” prosecutor Piotrowicz said in a statement.
Additionally – as reported by the prosecutor’s office – the former official made the quick (i.e. within a few days) registration of the vehicle dependent on whether the petitioner had concluded a third party liability insurance contract for the vehicle with insurance brokerage agencies belonging to the group members. “In such a case, if such an agreement was concluded, the accused registered the vehicle “immediately”,” Piotrowicz said.
She added: “In the manner described above, the defendants obtained commissions in the total amount of at least PLN 12,250.43. Only the defendant PF did not receive any financial benefits due to the fact that the commissions under the insurance contracts she concluded actually transferred to her account. employer, i.e. AR. The accused did not obtain any benefit for herself, but only brought benefits to the group members,” reported the spokeswoman of the Krosno district prosecutor’s office.
Investigators also found that during the period covered by the accusation, the accused “disclosed to the other defendants, as unauthorized persons, data from the CEPiK database, including personal data of vehicle owners, vehicle VIN numbers and validity periods of mandatory third-party liability insurance contracts.”
They interviewed 500 witnesses
According to the Krosno prosecutor’s office, extensive evidence was collected during the investigation, including interviewing nearly 500 witnesses and analyzing documentation related to the registration or insurance of nearly 400 vehicles.
Currently, the accused are subject to libertarian preventive measures in the form of police supervision, property bail, a ban on leaving the country and a ban on conducting insurance business in the field of motor insurance. Additionally, the prosecutor secured property assets.
The inspection did not reveal any irregularities
The official was detained in October 2020 by police officers from the anti-corruption department of the provincial headquarters in Rzeszów. Five people were detained with her, including the former official’s close family.
After the employee was detained, the staroste of Sanok, Stanisław Chęć, ordered an inspection at the Department of Communication and Transport. Its scope included “compliance with the implementation of procedures for the operation of the organizational unit, according to management control standards for the public finance sector.” The period covered by the inspection is 2018 and 2019. The inspection was carried out by an employee of the county office, and no irregularities or shortcomings were found.
She lost her job, but she is a councilor
An official pursuant to Article 66 par. 1 of the Labor Code, which states “the contract expires in the event of the employee’s temporary arrest” was dismissed from work. Paragraph 2 of this article states that in the event of discontinuation of the proceedings or acquittal, the employer is obliged to re-employ the employee.
The accused official has also been a member of the Sanok City Council since 2014, joining it first from the list of the National Movement, and later from Law and Justice. After her arrest, she did not resign from her mandate.
Main photo source: Potashev Aleksandr / Shutterstock.com