“Immunity protects the person, not the property; the searches were absolutely legal – Dariusz Korneluk, posing as the National Prosecutor, told “Dziennik Gazeta Prawna”. This is his commentary on the Internal Security Agency’s brutal burglary of the homes of PiS parliamentarians in connection with the Justice Fund investigation.
READ ALSO: Ziobro: The accusations and actions of the Public Prosecution Service regarding the Justice Fund are complete absurdity and aberration
At the request of the Public Prosecution Service, the Internal Security Service, among other things, searched the house of the former head of the Ministry of Justice, MP Zbigniew Ziobro, when no one was there. The officers also entered the house and parliamentary chamber in the Sejm of former Deputy Minister of Justice Michał Woś. Many legal experts emphasize that such actions constitute a violation of Polesie’s immunity because they involve coercion. However, these arguments do not appeal to the neo-national prosecutor Dariusz Korneluk, who is proud of his decisions.
As a lawyer, there is no doubt that immunity protects the person, not the property. The searches were completely legal. If in doubt, I also refer to the National Public Prosecutor’s Office announcement from 2017, issued when Zbigniew Ziobro was Attorney General, which also shows that the search of a parliamentarian’s house is absolutely legal. In addition, a complaint against a search can be filed in court
– Korneluk said in an interview for “DGP”. He noted that the mere fact that a search has been conducted does not mean that a particular person will be charged. It may happen, but that doesn’t mean it will happen. The purpose of the search is solely to look for evidence. It is not that simple because it concerns the constitutional rights of parliamentarians – says Prof. Tuszard Piotrowski.
From a constitutional point of view, this situation is completely unacceptable
– said prof. in an interview with Telewizja wPoland. Piotrowski and added:
This concerns not only the sanctity of the person of the Member of Parliament, but also the possibility of subjecting the Member of Parliament to pressure that limits his or her ability to carry out his or her mandate. This in turn extends, on the one hand, to the fact that a Member of Parliament is not detained without appropriate consent in a constitutionally specified manner, but also to the fact that his or her activities can take place without interference from the executive and without interference from his or her its political competitors. The whole point of immunity and inviolability is that MPs are uninhibited and free in their activities.
SEE ALSO: ONLY WITH US. Prof. Piotrowski: In the case of Ziobro and Woś we are dealing with a disproportionate and unjustified show of power
Korneluk and “pursuit” teams
Korneluk also revealed that he appointed special teams of prosecutors to handle the cases published by the then opposition before the elections.
The time when things were swept under the carpet is finally over. There are no better or worse things. Each of these issues is important and each will be resolved. The case of Pegasus, Hermes and the use of pushbacks at the border will be thoroughly explained.
– said Korneluk to “DGP”. He announced that with regard to the use of push-backs, he had decided – after prior consultation with the regional prosecutor in Lublin – to establish a special team of prosecutors that would re-analyze all such cases.
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koal/PAP/”DGP”
Source: wPolityce