“The officers had the competence to intervene in this matter”

The immunity protects some independence and there are some exceptions regarding immunity – said Professor Marcin Wiącek in “Facts after Facts” on TVN24. In the opinion of the Ombudsman, police officers during the incident involving Grzegorz Braun in the hospital in Oleśnica had the right to “apply direct coercion measures”.

Presidential candidate Grzegorz Braun and other people invaded on April 16 to the hospital in Oleśnica and imprisoned Gynecolor Gizela Jagielska in the office for several dozen minutes. The doctor could not perform her duties for over an hour, and the ward she was watching was unattended.

On Monday, during the presidential debate, Braun delivered anti -Semitic comments and took responsibility for breaking the Ukrainian flag from the office in Biała Podlaska during his rally.

Braun was elected to the European Parliament from the Confederation List and is entitled to a parliamentary immunity. The EP is to vote on May 6, as reported by the Minister of Justice Adam Bodnar. The head of MS reminded on Thursday that the prosecutor's office intends to charged Braun to commit a total of seven crimes.

RPO on Braun's actions: Any act that violates the law should be prosecuted in an appropriate manner

In “Facts after facts” Ombudsman prof. Marcin Wiącek He reminded that after the incident in the Sejm in December 2023, when Braun extinguished the candles with a powder fire extinguisher and sent the intervening Magdalena Guzińska-Adamczyk the powder stream in the face of the intervening Magdalena-Adamczyk, issued a statement in this matter.

– I pointed out that in a democratic state, in a state being member of the European UnionCouncil of Europe, there is no room for hate speech, there is no place for anti -Semitism. I think I could keep this position – he emphasized.

He also noted that “any act that violates criminal law should be prosecuted in an appropriate way, stigmatized.” – To show that a state whose central value is to protect the dignity of every person (…) condemns this type of action – he added.

Wiącek about the incident with Braun in Oleśnica: Policemen had competences to intervene

The Ombudsman said that Braun's “intervention” in Oleśnica was not a civic arrest. – What could the police do? I am aware that there were people under parliamentary immunity. However, we should remember that also the immunity and the inviolability that associated with it, experience exception in a situation where a crime is committed and officers are witnessing such an act – he announced.

According to Professor Wiącka, police officers in this matter “had the competence to intervene” and to “apply direct coercion measures”.

In each of these situations, Brauna protected parliamentary immunity. However, as the Ombudsman explained, “immunity is not a law, he is not someone's privilege, only immunity has a protective function.”

– immunity protects some independence and there are some exceptions related to immunity. If a person is included in the act of committing a crime, then we are dealing with such an exception – he continued.

– On the other hand, when it comes to responsibility, in particular criminal liability for this type of action, the immunity has it that it can be repealed in the relevant procedure – summed up prof. Marcin Wiącek.

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