The wPolityce.pl portal recently reported that Adam Bodnar’s incompetent decisions are leading to chaos and currently mainly serve criminals. It turns out that the case in which the Szczecin District Court stopped a criminal case involving a possible multimillion-dollar fraud has consequences. Prosecutor Barbara Zapaśnik, who handled the case, announced that the suspect had asked her to pay PLN 2 million in damages because he believed that prosecutors had taken actions against him without allegedly having the right to do so.
Lawsuits for damages
At the conclusion of the case, the Szczecin court ruled that Barbara Zapaśnik had been unlawfully reinstated from retirement in 2016; the same argument was used by Adam Bodnar in the case of Dariusz Barski, the legal national prosecutor. Moreover, a minister in Tusk’s government himself boasted about the court’s ruling on social media.
The consequences of the lawlessness introduced by Bodnar and Tusk are serious. It appears that prosecutors are being threatened with lawsuits to compensate for convictions resulting from a charge filed by an allegedly unauthorized prosecutor.
This is already happening, there is no need to look into the future. The defendant, against whom I filed a complaint in December, has just asked me to pay PLN 2 million because I carried out activities against him without having the right to do so.
– informed prosecutor Zapaśnik.
She added that for now she is being asked to pay, but if a lawsuit is filed, she will indicate a different recipient of the lawsuit: the attorney general and the attorney general’s office.
READ ALSO:
— Deputy Attorney General: “The institution of the ‘Acting National Prosecutor’ did not exist and still does not exist.”
— The lawyer blows Bodnar’s story into dust! “None of the negative conditions exist (…). Barski is still the national prosecutor”
— 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
The prosecutor assesses the opinions Bodnar uses to cover himself
In an interview with Business Insider, prosecutor Barbara Zapaśnik addressed the legal opinions that Adam Bodnar so often refers to. As she said, she had read the opinions of Anna Rakowska, Sławomir Patyra and Grzegorz Kuc – people who worked in research and practiced law and legal advice. Their opinions “provided the basis for holding that Article 47 is a provision valid for 60 days.”
She pointed out that “the opinions issued by them were essentially intended to extend the validity period of Article 47, in a situation where the legislature has not specified this time. And each of them forcibly indicated this time, regardless of the fact that the legislature simply did not want to specify this time.
Therefore, the vast majority of their arguments boil down to listing the principles that should apply when creating law. They then end with the statement that art. 47 does not comply because it does not specify when the validity period is valid, and if it is, this date must be determined.
– Prosecutor Zapaśnik emphasized, adding that the situation is frightening, because it all boils down to the fact that the content of the law will be determined by legal opinions, and not by its provisions.
Proc. Zapaśnik said Bodnar’s opinions “are fine and made at a high level of abstraction, detached from the essence of what actually happened.” There was no analysis of the provision – not even in the context of the law – and the focus was only on the first paragraph, leaving out the other three.
The probative value of this opinion amounts solely to the presentation of the views of the author, who is entitled to it. No far-reaching procedural consequences can be derived from this. It is not an opinion of experts instructed in criminal liability. In addition, the judge must be an expert in the field of legal provisions
– emphasizes prosecutor Barbara Zapaśnik
She explained that the provision was created specifically so that retired prosecutors could be reinstated if necessary, and it would be incomprehensible if the Attorney General only had this option for two months, when new units would be created created. The prosecutor added that in the case of retired prosecutors, the PG did not have to make an immediate decision, unlike active prosecutors.
A retired prosecutor can be useful at any time, not necessarily when setting up new structures
– said Barbara Zapaśnik, adding that “the situation of prosecutors in active service is therefore different from the situation of retired prosecutors, that is, like me, who have a pension, which is also confirmed by the subsequent paragraphs of art. 47″.
Are we going to pay criminals?
Adam Bodnar’s illegal decisions mean prosecutors are now being dragged along by those they sue. Every day brings similar reports of this type
– said Sebastian Kaleta, former Deputy Minister of Justice, in a message on Twitter/X. As he added: “All this to take control of the prosecutor’s office, contrary to regulations. Matters that are important to Tusk and Grodzki are pushed aside.
As they observe this, criminals open champagne, their lawyers prepare to issue large bills, because prosecutors are now afraid. This is the ‘rule of law’ they wanted
– emphasized the MP.
Former head of the Ministry of Foreign Affairs Paweł Jabłoński pointed out that these are the “effects of Bodnar’s actions.”
Criminals will not only be released, we will pay them for it
– Jabłoński emphasized.
Oskar Szafarowicz also commented on the case, emphasizing that it was “a curiosity and a total destruction of the rule of law by political barbarians”.
Who is supported by the team of liquidators of a democratic constitutional state? Who today can celebrate the trampling of the Constitution and the introduction of a state of lawlessness and anarchy?
– wrote Szafarowicz.
READ ALSO:
– OUR SUBJECT. The chaos caused by Bodnar in PK serves criminals! The court has halted the proceedings of a well-known public prosecutor
– OUR INTERVIEW. Prosecutor Ostrowski on new attempt to take over PK: “These actions could be dangerous for ordinary citizens and services”
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Source: wPolityce