Messrs. Tusk, Bodnar, Kierwiński and Sienkiewicz can choose whether they want to spend 10 or 20 years in prison, or prefer life imprisonment

The authors of the demolition of Poland and the law can only be held responsible for their actions under Art. 127 and 128 of the Criminal Code – for a coup d’état and an attack on the constitutional body of the Republic of Poland.

Mr. Donald Tusk, Adam Bodnar, Marcin Kierwiński and Bartłomiej Sienkiewicz (let’s say they are the first) are very happy. They are almost elated when they think how deeply they are ruining Poland, its constitution, system and legislation. The more this demolition takes on the characteristics of a gang or a junta, the more amused the gentlemen are. But that smile might disappear from their face.

Some of them may be aware that “everything passes, even the longest viper” and may worry that “the bottom is the bottom even if it is upside down,” even though “some people’s thoughts so superficial that they do not even reach the head” (Lec). However, they are completely wrong if they think that at most they will respond under art. 231 par. 1 of the Criminal Code: “A public official who exceeds his powers or fails to fulfill his duties and acts to the detriment of the public or private interest shall be punished with a prison sentence of up to three years.” They think: “three years for a brother.” None of that.

The joy of Messrs. Tusk, Bodnar, Kierwiński and Sienkiewicz may of course arise from ignorance of the law, but it does not protect against the consequences of breaking the law, even in a state of blissful confusion. There are no contraindications to being crazy while committing crimes, because insanity is not the inability to take responsibility for your own actions. Even though the vast majority of Polish society knows about this nonsense.

Messrs. Tusk, Bodnar, Kierwiński and Sienkiewicz may think that the demolition they are doing with Poland is some kind of fun. And after the change of government, nothing special can be done with them anyway. Ultimately, they can count on judges who have been reluctant to do good for those in power for years. But the case is too serious even for judges who warm to Tusk, Bodnar, Kierwiński and Sienkiewicz.

I hasten to inform the leading ministers and the prime minister that this is not about Art. 231 Criminal Code. They can only be held responsible for their actions under Art. 127 and 128 of the Criminal Code. These articles are the basic “crimes against the Republic of Poland” (found in Chapter XVII of the Criminal Code). Article 127 concerns “coup d’état”, and Article 128 – “attack on the constitutional body of the Republic of Poland”.

Mr Donald Tusk, Mr Adam Bodnar, Mr Marcin Kierwiński and Mr Bartłomiej Sienkiewicz may be very happy now when they think of Articles 127 and 128, but I bet that they will be judged precisely on these articles. If not in a court of law with warm judges (although many are not), then in a special tribunal (and which will act on the basis of the Criminal Code).

Article 127 of the Criminal Code (coup) states in para. 1.

Any person who, with the aim of depriving it of independence, secession of part of its territory or forcibly altering the constitutional system of the Republic of Poland, undertakes, in concert with other persons, activities directly aimed at achieving this aim, shall be punished with the penalty of deprivation of liberty for a period of not less than ten years or with the penalty of life imprisonment.

Is it still fun?

Messrs. Tusk, Bodnar, Kierwiński and Sienkiewicz committed acts that could easily be justified as “a change by force of the constitutional system of the Republic of Poland.” And they themselves know very well that they have ‘undertaken, in consultation with others, activities directly aimed at achieving this goal’. They can mock Article 7 of the Constitution (the rule of law): “Governments act on the basis and within the limits of the law.” And even “the baby sees it” that is neither “on base” nor “within the boundaries”. By breaking the constitution, laws and codes, the heroes can choose whether they have to serve ‘only’ ten years or perhaps life in prison. Is it still fun?

Messrs. Tusk, Bodnar, Kierwiński and Sienkiewicz also committed acts that can easily be classified as Article 128 of the Criminal Code (an attack on a constitutional body of the Republic of Poland). It says in par. 1e:

Anyone who, in order to depose by force any constitutional authority of the Republic of Poland, undertakes activities directly aimed at achieving this goal shall be subject to the penalty of deprivation of liberty for a term of three to twenty years.

The constitutional bodies of the Republic of Poland are the President of the Republic of Poland (the entire Chapter V of the Constitution), the Constitutional Court (Articles 189-197 of the Constitution), the Supreme Court (Article 183 of the Constitution), the National Bank of Poland and its President (Article 227 of the Constitution), the National Council of the Judiciary (Articles 186 and 187 of the Constitution), the National Broadcasting Council (Articles 213-215 of the Constitution) and actions are being taken against these bodies to to remove them by force. Art. should have been implemented long ago. 128 pair 3 of the Criminal Code: “Whoever, by force or unlawful threat, influences the official activities of a constitutional body of the Republic of Poland shall be subject to a prison sentence of one to ten years.” Unlawful influence is as obvious as the fact that traffic in Poland drives on the right.

Article 87 of the Constitution leaves no choice: “The sources of generally applicable law of the Republic of Poland are: the Constitution, laws, ratified international agreements and regulations.” Sources of law are part of the constitutional system of the Republic of Poland. Therefore, if the laws on the prosecutor’s office, on radio and television broadcasting and on the National Media Council are abolished, it will be a ‘strong change of the constitutional system of the Republic of Poland’.

Messrs. Tusk, Bodnar, Kierwiński and Sienkiewicz (and their assistants) can choose whether they want to spend 10 or 20 years in prison, or prefer life imprisonment. They can joke about it for now, but we’ll see how their pipe softens when they get sued for Art. 127 and 128 of the Criminal Code. Will it still be fun?