The investigation following Marek Falenta’s report is being conducted in the case, with the aim of verifying the circumstances of this report. This is the job of the prosecutor. At this stage we are not prejudging the course of the investigation, there are no plans to question Donald Tusk, according to a statement from the Warsaw prosecutor’s office.
The public prosecutor speaks out
The statement from the district prosecutor’s office in Warsaw was submitted to PAP on Tuesday. On Monday, the portal tvp.info reported that the Warsaw District Prosecutor’s Office had launched an investigation into the abuse of power by Donald Tusk in 2014. The report was made in November last year by the convict in the so-called wiretapping scandal, businessman Marek Falenta, and referred to control of the company Składy Węgla, of which Falenta was a co-owner.
In connection with media publications on the case since Marek F.’s notification, the Warsaw District Prosecutor’s Office states that the initiation of proceedings in this case was due to the need to carry out the activities set out in the protocol. conduct, including hearing witnesses
– reported the prosecutor’s office, referring to Monday’s media information. The prosecutor’s statement added that, in accordance with the provisions of the Code of Criminal Procedure, the performance of these activities “was not possible to carry out at the stage of verification activities”.
The Warsaw Prosecutor’s Office confirmed that “the proceedings in this case were registered with the Warsaw District Prosecutor’s Office in connection with Marek F.’s report of the suspicion of committing a crime against him.”
In the opinion of the notifying party, it would consist of exceeding official powers in connection with interfering in the affairs of a commercial law entity and forcing it to cease its activities. Marek F. has attached the materials to the notice confirming the allegations in the notice submitted to the prosecutor’s office
said the statement.
As reported, the Public Prosecutor analyzed Falenta’s report and obtained, for example, from other proceedings, documentation on the circumstances raised in it.
Subsequent activities to verify the content of the report of a crime in accordance with the Code of Criminal Procedure could only be carried out as part of a formal evidence procedure, hence the decision to initiate proceedings in this case
– explained the Warsaw District Prosecutor’s Office.
There are no plans to question Tusk
The district prosecutor’s office in Warsaw declares that media publications suggesting that proceedings against Donald Tusk are being conducted are not true. Proceedings are conducted in a case (in rem) and aim to verify the circumstances indicated in the notice of the crime. This is the task of the public prosecutor, which arises from the provisions of the Code of Criminal Procedure. If you do not explain them, the court may overturn the prosecutor’s decision not to investigate
– emphasized in the statement of the Warsaw prosecutor’s office.
At the same time, it determined that “At this stage, the Warsaw District Prosecutor’s Office is not prejudging the further course of the proceedings and does not intend to question Donald Tusk in the proceedings.”
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According to the notice of the Warsaw District Prosecutor’s Office about the start of the proceedings posted on Monday on the tvp.info website, the investigation started on April 11 this year. on the abuse of power by a government official – Prime Minister Donald Tusk – on an undetermined date in the first half of 2014 “to obtain a financial advantage by entities dealing in coal through an order with no legal basis and no effective control over a commercial entity ie Węgla spółka z oo, to enforce the cessation of coal imports from the Russian Federation, thus acting to the detriment of the private interests of the above companies”.
As the prosecutor’s office wrote in the document published by the dtvp.info portal, the case concerns par. 2 art. 231 of the Penal Code regarding abuse of power by an officer. It provides that if the offender commits this act to gain material or personal gain, he will be punished with imprisonment from one to ten years.
In November 2022, the tvp.info portal reported that Falenta had filed such a report with the prosecutor’s office, as well as a lawsuit and a private complaint against the chairman of the Civic Platform at the District Court in Warsaw. He demands from Tusk, among other things, an apology and financial compensation to Ukraine.
In the present case, it is suspected that Donald Tusk has committed an offense of exceeding his powers in connection with the inspection initiated and carried out at the Składy Węgla company
– the portal wrote about this notification at the time. As he quoted, “the circumstances of the case indicate that the decision to interfere in the business activities conducted was political in nature and resulted from a desire to protect the interests of constituencies important to Donald Tusk.” He noted that, according to Falenta and his lawyers, Tusk’s actions “constitute a blatant interference with the freedom to conduct business.”
A few years ago, Falenta heard a valid sentence of absolute imprisonment in connection with the so-called wiretapping scandal. In 2013-2014, people from politics, business and civil servants were filmed in two restaurants. Among others included the then heads: the Ministry of the Interior – Bartłomiej Sienkiewicz, the Ministry of Foreign Affairs – Radosław Sikorski, the Ministry of Infrastructure – Elżbieta Bieńkowska, the President of the National Bank of Poland Marek Belka, the head of the CBA Paweł Wojtunik. More than 100 people’s conversations were recorded during 66 illegally recorded meetings; the public prosecutor’s office managed to establish the identity of 97.
The businessman was sentenced to 2.5 years in prison. Valid suspended sentences were also imposed on Falenta’s brother-in-law and one of the waiters in the case. Another waiter, Łukasz N., was not punished for helping the investigators; he was ordered to pay 50,000. PLN cash benefit.
As the media reports, at the beginning of 2022 the investigation into the company Składy Węgla, which imported and sold coal from Russia and Kazakhstan, has ended. Marcin W., the former head of the company, was charged with leading a criminal group. The indictment concerns a total of 23 people and concerns tax fraud and extortion by the management of coal companies. The investigation began in 2014, when agents from the Central Investigation Service entered the company’s office in June.
wkt/PAP
Source: wPolityce