The decision of the Parliamentary Assembly of the Council of Europe gives the prosecutor the opportunity to file charges and question Marcin Romanowski as a suspect – the press spokesperson of the neo-national prosecutor’s office, Prosecutor Przemysław Nowak, told PAP. Meanwhile, Romanowski’s lawyer, Bartosz Lewandowski, emphasized on Platform X that detaining his client is currently impossible due to art. 248 pairs 3 CCP.
The neo-PK spokesperson assured that “the prosecutor will take steps to carry out the above activities as soon as possible.”
Important comments from lawyer Lewandowski
In connection with the lifting of the immunity of Member of Parliament Marcin Romanowski by the Parliamentary Assembly of the Council of Europe, it should be recalled that: the re-detention of the Member of Parliament is not permitted due to the content of art. 248 pairs 3 CCP
– marked with an X lawyer Bartosz Lewandowski. The said provision states that “re-arrest of a suspect based on the same facts and evidence is not admissible.”
Furthermore, lawyer Lewandowski noted that Marcin Romanowski still enjoys Polish parliamentary immunity because Dariusz Korneluk could not effectively petition the Sejm to revoke Romanowski’s immunity due to the fact that he is not the national prosecutor, which was confirmed by the Supreme Court in a lawsuit. recent resolution.
Sending a petition to the ZPRE does not alter the need to discontinue the procedure; as of today, MP Marcin Romanowski continues to enjoy Polish parliamentary immunity due to the ineffectiveness and invalidity of the resolutions of the Sejm of the Republic of Poland of July 12, 2024. The Supreme Court in its resolution of September 27, 2024 in case I KZP 3/24 confirmed that Dariusz Korneluk could not effectively apply to the Sejm for authorization of criminal prosecution, as well as the detention and temporary arrest of Marcin Romanowski due to the fact that the office of the National Prosecutor is continuously held by Dariusz Barski!
– wrote lawyer Lewandowski.
European Union decision to revoke Romanowski’s immunity
The Parliamentary Assembly of the Council of Europe has decided to lift the immunity of Member of Parliament Marcin Romanowski. 85 delegates voted in favor of lifting immunity. 23 were against and three abstained. The request to waive immunity was filed on Sunday by Attorney General Adam Bodnar.
On July 12, the Sejm revoked the immunity of former deputy head of the Ministry of Justice, politician of Sovereign Poland, MP of the PiS club, Marcin Romanowski, and approved his detention and temporary arrest in connection with the investigation conducted by the National Council. Public Prosecution Service with regard to the Justice Fund.
On July 16, the Warsaw-Mokotów District Court did not agree to the arrest of Romanowski – a politician of Sovereign Poland, MP of the PiS club and former deputy head of the Ministry of Justice – due to the PACE immunity that protected him. PK subsequently filed a complaint against this decision. On September 27, the Warsaw District Court confirmed the decision of the court of first instance.
tkwl/PAP/X
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Source: wPolityce