Attorney Rafał Gawęcki, defense attorney of gynecologist Maria Kubisa, who was charged with five crimes of providing assistance in terminating a pregnancy, referred in an interview with TVN24 to the investigators’ statement regarding procedural issues. The point is to provide written justification. In his opinion, this justification “does not meet the formal requirements.” – These are literally five lines of text, a general formula – he specified.
On November 22, the Regional Prosecutor’s Office in Szczecin announced that it had presented gynecologist Maria Kubisa (she agreed to the publication of her name, surname and image) with “charges of committing five crimes of providing assistance to pregnant women in terminating their pregnancies in violation of the provisions of the Act of January 7, 1993. on family planning, protection of the human fetus and conditions for the permissibility of termination of pregnancy.
“The charges were presented based on evidence collected during the investigation, including witness statements, inspection of the contents of Maria K.’s phone and information contained in the seized documents,” the prosecutor’s office said in a statement.
According to investigators’ findings, in her doctor’s office, Maria Kubisa “sold patients an early-abortive drug and instructed them on how to take the pill so that the patient’s pregnancy would be terminated.” “During the investigation, it was found that during medical visits, there were situations in which Maria K. did not conduct an interview or medical examination and did not prepare medical documentation from the visit. The suspect did not determine whether there were statutory grounds for termination of pregnancy,” the Prosecutor’s Office reported. Regional in Szczecin.
The prosecutor’s office “firmly denies” that there was a “violation of the suspect’s procedural guarantees”
However, a few days later, on November 25, in another statement, she “strongly denied” that as part of the investigation, “in the course of carrying out activities with Maria K. in the form of announcing the decision to present charges, there was a violation of the suspect’s procedural guarantees and an unauthorized restriction of her right of access to information.” about the content of the charges brought against her.
“It should be mentioned that after the announcement of the accusation, Maria K. did not submit an application for an oral justification of the accusation. Therefore, the public allegation made by her defense lawyer about not providing the suspect with an oral justification of the accusation is unjustified,” it added.
“The content of the charge and its justification were made available to the suspect and her lawyer in accordance with applicable law. On November 22, 2023, the suspect submitted a request for delivery of a written justification of the decision to present the charges. Such a document was immediately prepared and after two days , i.e. on November 24, 2023, sent to the suspect and her defense attorney,” it was reported.
Attorney Gawęcki: the justification does not meet the formal requirements
Attorney Rafał Gawęcki, Dr. Kubisa’s attorney, said on Saturday in an interview with TVN24 that “the justification for the decision to present charges, or in fact the justification for the decision to supplement, he received on Wednesday, November 29.” – However, when it comes to the content of this justification itself, I can say that it is literally five lines of text, a general formula that the evidence collected in the case – including witness statements, data secured on media and documents – justifies the suspicion of committing a crime. And that’s basically the whole justification, he said.
– In my opinion, such a justification does not meet the formal requirements specified in the regulations, because the regulations clearly state that the justification should include, in particular, indication of facts and evidence. In my opinion, such justification meets the provisions of the Code of Criminal Procedure, he continued.
Attorney Gawęcki also admitted that he “does not fully understand” the prosecutor’s statement of November 25. – I have the impression that the prosecutor’s office is arguing with itself, using elements of my statements taken out of context. However, it is not true, as it was presented in the statement, that Dr. Kubisa did not submit an application for an oral justification. Such a request was included in the document of the decision to present charges. I encourage the prosecutor’s office to read this statement, he added.
The lawyer also talked about when the justification was sent. According to the prosecutor’s office, it was sent on November 24. – I can rely on the information that I have and that I have checked. I must admit that I was a little surprised that the prosecutor’s office sent me the justification for the decision to present charges so quickly. I checked – after I received this document on Wednesday, November 29 – when it was posted at the post office. The website of Poczta Polska shows that this document was sent not on November 24, i.e. on Friday, (…), but later, i.e. on Monday, November 27 – the attorney continued.
The case of Dr. Maria Kubisa
Dr. Maria Kubisa pleads not guilty to the charges brought against her by the prosecutor’s office. She faces up to three years in prison.
Maria Kubisa runs a private medical office in Szczecin, works in a hospital in Nowogard, and is also the head of gynecology in a hospital in the German border town of Prenzlau.
In January this year, CBA officers secured the patients’ records kept since 1996. They were returned only after almost two months.
Main photo source: TVN24