Mec. Bartosz Lewandowski announced on the X platform that the criminal case against Marcin Romanowski cannot continue. He gave the reasons for this situation. In turn, Marcin Romanowski announced that he would seek justice in proceedings against people who had illegally deprived him of his liberty.
Statement by the National Public Prosecutor’s Office that MP Marcin Romanowski cannot be detained again due to the content of art. 248 pair 3 Code of Criminal Procedure and the unlawful execution of this action on July 15, 2024 are a good sign. However, the criminal proceedings cannot continue for two main reasons
– wrote on the X platform lawyer Bartosz Lewandowski.
First, the research has not been expanded effectively at this time. The extension in the form of a decision at the end of September was made by Public Prosecutor Dariusz Korneluk, who in light of the Supreme Court resolution of September 27, 2024 in case I KZP 3/24 did not have the authority to do so, and therefore, further procedural activities are burdened with an incredibly large legal defect that prevents further activities of the Public Prosecution Service. Arrests of persons deprived of their liberty (including Father Michał Olszewski) must also be immediately withdrawn. Secondly: I cannot agree with the prosecutor’s position that the MP will be ‘subpoenaed’ again to file charges because the previous action was ‘ineffective’.
– argued Marcin Romanowski’s lawyer.
There are no grounds in Polish law to recognize the “ineffectiveness” of procedural activities in the form of filing charges. This activity took place on July 15, 2024 and from that moment on, Mr. Marcin Romanowski was treated as a suspect by the National Public Prosecutor’s Office, he had access to the investigation files and all judgments were handed out to him as a party. to the procedure. Until September 27, the public prosecutor’s office had no doubts about my client’s status
– he explained.
According to the position expressed in the doctrine (attached is the position taken from the article by Prof. R. Stefański, “Effectiveness of presenting charges”, “Prokuratura i Praw” 6/2013), the announced decision is still in force and the action cannot be performed again
– he added.
Mec. Lewandowski: The proceedings against Romanowski must be stopped
Mec. Lewandowski emphasized that the proceedings against Marcin Romanowski must be stopped.
Due to the fact that the National Public Prosecutor’s Office – without taking into account the immunity of the PACE – carried out procedural activities that cannot be repeated and that are burdened with a significant legal defect, the proceedings against Marcin Romanowski in connection with all eleven charges must be be discontinued on the grounds of Art. 17 pair 1 point 10 of the Code of Criminal Procedure
– he wrote.
This position is also confirmed by previous case law. In the cases of judges and prosecutors whose immunities were waived by the Disciplinary Chamber of the Supreme Court (for example, the case of Prosecutor Justyna Brzozowski, Prosecutor Andrzej Z.), the courts stopped the proceedings on the basis of Art. 17 pair 1 point 10 of the Code of Criminal Procedure due to the impossibility of conducting the procedure – in their opinion – the consent of the competent authority was not obtained. This was, for example, the subject of the Supreme Court’s ruling of September 14, 2022 in case I KZP 7/22. In these cases, the courts found that criminal proceedings were being conducted ‘against’ specific individuals and that the filing of charges was effective, but there was a formal premise that made it impossible to pursue criminal proceedings.
– he explained.
The legal consequences of investigators ignoring MP Marcin Romanowski’s immunity will have huge consequences for the proceedings and turn the entire investigation upside down, making it impossible to continue.
– concluded lawyer Lewandowski.
Romanowski against the ‘Bodnarists’: ‘Justice will reach you’
Marcin Romanowski also commented on the whole issue on the X platform. He stressed that what Mr Lewandowski wrote “obviously does not close the matter”.
I intend to seek justice and my good name before impartial and fair courts that are not guided by the Neumann Doctrine – in proceedings against people who illegally deprived me of my liberty, helped me with false ‘opinions’ , illegally filed charges or defamed me through official and unofficial statements.
– Romanowski announced.
Justice will come to you, you just have to clean up the chaos and lawlessness you have caused
– he added.
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— Lewandowski comments on the decision of the Polish Parliament of the Council of Europe: Marcin Romanowski continues to benefit from Polish immunity
Source: wPolityce
Emma Matthew is a political analyst for “Social Bites”. With a keen understanding of the inner workings of government and a passion for politics, she provides insightful and informative coverage of the latest political developments.