“Government authorities act on the basis of the law. What is happening now is an attempt to create a new position of acting National Prosecutor, which is not provided for by law, under the Public Prosecution Service Act. The regulations do not provide for the existence of such a position and therefore the Prime Minister cannot appoint anyone to such a position,” PiS President Jarosław Kaczyński emphasized at a press conference, referring to Adam Bodnar’s attempt to take over the Public Prosecutor’s Office .
I emphasize that the Attorney General cannot take over the powers reserved to him by the National Prosecutor. This entire procedure currently being used is completely illegal. This is characteristic and leads to a state of great confusion on the one hand and panic on the other. Panic caused – as one might assume – by a sense of threat from the actions of 144 prosecutors who will be dismissed and who are conducting various types of investigations and activities. At least some of them are considered a threat by the current government. What a mess it is – this is an additional argument – it indicates that first Prosecutor Barski was asked to appoint Mr Bilewicz as National Prosecutor, who would be the acting officer, and after four hours it turned out that Prosecutor Barski was never there Has been. the National Prosecutor, because he was retired. This shows the confusion, panic and competence of the people of the current government to govern a major European country. These are zero-level qualifications
– said the PiS president.
There is a question: what is happening, what is it about, what studies are there? Or only those about matters that took place after December 13, 2023, and perhaps also activities from the previous period. This is another scandal, a violation of the law, which is the result, on the one hand, of intention, of the desire to solve certain matters, and on the other hand, of ignorance of the law, of infantilism.
– Kaczyński emphasized.
Attempt to take over the National Public Prosecutor’s Office
Let us not forget that on Friday, December 12, Prime Minister Donald Tusk entrusted the duties of the First Deputy Attorney General of the National Prosecution Service to Prosecutor Jacek Bilewicz. Bilewicz replaced Dariusz Barski as acting prosecutor as national prosecutor.
The Justice Department announced that as of Friday, Dariusz Barski “remains retired, preventing him from fulfilling the position of National Prosecutor.”
In response, the National Prosecutor’s Office issued a statement stating that the National Prosecutor is prosecutor Dariusz Barski, and “a letter from Attorney General Adam Bodnar dated January 12, 2024, in which he indicates that in his opinion the National Prosecutor is a retired public prosecutor who has been dismissed since his retirement in the manner provided for in the non-binding law of October 9, 2009 amending the previous law on the Public Prosecution Service, has no legal effect whatsoever.
The deputies of Attorney General Adam Bodnar state that it is ineffective to entrust Prosecutor Jacek Bilewicz with the position of Acting National Prosecutor without unlawfully omitting the procedure of the Public Prosecution Act. Such a function is not provided for in the Public Prosecution Service Act
– said the deputy attorney general in a statement sent to PAP on Saturday.
On Saturday, Deputy Attorney General Michał Ostrowski announced that he would submit a report on a crime committed by the head of the Ministry of Justice Adam Bodnar, prosecutor Jacek Bilewicz and other people working with them in connection with the attempt to overthrow the National Prosecutor’s Office to dismiss. Dariusz Barski.
In connection with the Prime Minister’s decision, President Andrzej Duda also issued a statement.
Minister Adam Bodnar is trying to dismiss Dariusz Barski from the position of national prosecutor, for which he has no independent authority. He communicated his +decision+ in this case to the attorney at the bar
– wrote the president on Friday evening on platform
Adam Bodnar’s action without the participation of the Prime Minister and the President is another gross violation of the law (the law and Article 7 of the Constitution).
– said the president.
Action was also taken by prosecutor Robert Hernand, who issued an order restricting access to the National Prosecutor’s Office to outsiders. This decision is intended to prevent Jacek Bilewicz from taking up his position.
READ ALSO:
– An important move by the Deputy Attorney General! Robert Hernand issued an order restricting access to the PK to outsiders
— Tusk and Bodnar have a problem! “Judges of the Republic of Poland”: there are no legal grounds for the appointment of Bilewicz to the post of Acting National Prosecutor
— Attack on PK and Bodnar vs. Tusk! The compilation of these statements was a hit. “Within a few hours of each other”; “Don’t argue, gentlemen”
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Source: wPolityce