The inquiry into Marek Falenta’s report continues in the case, with the aim of verifying the circumstances described. This is the responsibility of the prosecutor. At this stage, there is no prejudgment of how the investigation will unfold, and there are no plans to question Donald Tusk, according to a statement from the Warsaw prosecutor’s office.
The public prosecutor’s position
A statement from the district prosecutor’s office in Warsaw was provided to PAP on Tuesday. On Monday, the portal tvp.info reported that the Warsaw District Prosecutor’s Office had opened an inquiry into alleged abuse of power by Donald Tusk in 2014. The report originated in November of the previous year from Marek Falenta, who was involved in the wiretapping scandal, and referred to oversight of the coal company Składy Węgla, in which Falenta was a co-owner.
In connection with media coverage following Falenta’s notification, the Warsaw District Prosecutor’s Office stated that the initiation of proceedings was necessary to carry out activities outlined in the protocol, including hearing witnesses.
– the prosecutor’s office added, referencing Monday’s media reports. It noted that, under the Code of Criminal Procedure, those activities could not be completed during the verification phase.
The Warsaw Prosecutor’s Office confirmed that “the proceedings in this case were registered with the Warsaw District Prosecutor’s Office in connection with Marek Falenta’s report alleging a crime against him.”
In the notifying party’s view, the case concerns exceeding official powers related to interference in the affairs of a commercial law entity and pressing it to halt operations. Falenta attached materials to the notice supporting the allegations.
the statement continued.
As reported, the Public Prosecutor assessed Falenta’s report and, for instance, obtained documents from other proceedings detailing the circumstances raised in it.
Further steps to verify the report’s content, in line with the Code of Criminal Procedure, could only be conducted as part of a formal evidence procedure, hence the decision to initiate proceedings in this case.
– explained the Warsaw District Prosecutor’s Office.
There are no plans to question Tusk
The district prosecutor’s office in Warsaw states that media reports suggesting ongoing proceedings against Donald Tusk are incorrect. Proceedings are conducted in a case (in rem) and aim to verify the facts outlined in the notice of the crime. This responsibility rests with the public prosecutor, as required by the Code of Criminal Procedure. If the explanations are not provided, a court may overturn the prosecutor’s decision not to investigate.
– emphasized the Warsaw prosecutor’s office.
At the same time, it was clarified that “at this stage, the Warsaw District Prosecutor’s Office is not prejudging the future course of the proceedings and does not intend to question Donald Tusk in these proceedings.”
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According to the notice from the Warsaw District Prosecutor’s Office about the start of the proceedings, posted on Monday on tvp.info, the investigation began on April 11 of this year. It concerns the abuse of power by a government official, the Prime Minister Donald Tusk, on an undetermined date in the first half of 2014, for the purpose of obtaining a financial advantage for coal-related entities through an order lacking a legal basis and without effective control over the coal company Składy Węgla sp. z o.o., aiming to stop coal imports from the Russian Federation, thereby acting to the detriment of private interests of the mentioned companies.
The prosecutor’s office described in the document published by the tvp.info portal that the case relates to paragraph 2 of Article 231 of the Penal Code, concerning abuse of power by an officer. It notes that if the offender acts for material or personal gain, the penalty ranges from one to ten years in prison.
In November 2022, tvp.info reported that Falenta had filed such a report with the prosecutor’s office, along with a lawsuit and a private complaint against the Civic Platform’s leader at the Warsaw District Court. He seeks, among other things, an apology and financial compensation to Ukraine.
In this case, it is suspected that Donald Tusk committed an offense by exceeding his powers in connection with the inspection initiated and carried out at the Składy Węgla company.
– tvp.info reported at the time. It quoted that the circumstances suggested the decision to interfere in business activities was political in nature and aimed at protecting constituencies important to Donald Tusk. Falenta and his lawyers argued that Tusk’s actions amounted to a flagrant interference with the freedom to conduct business.
A few years earlier, Falenta received a sentence of two and a half years’ imprisonment in connection with the wiretapping scandal. In 2013-2014, politics, business, and civil servants were filmed in two restaurants. The then-heads of the Ministry of the Interior, Ministry of Foreign Affairs, Ministry of Infrastructure, the President of the National Bank of Poland, and the head of the CBA were among those captured. More than 100 conversations were recorded during 66 illicit meetings; the public prosecutor’s office identified 97 individuals.
The businessman was sentenced to 2.5 years in prison. Some relatives and a waiter received suspended or other penalties. Another waiter was not punished but ordered to pay a cash benefit.
As reported, early in 2022 the investigation into Składy Węgla, a company involved in importing and selling coal from Russia and Kazakhstan, concluded. Marcin W., the former head of the company, faced charges of leading a criminal group. The indictment covers a total of 23 people and concerns tax fraud and extortion by coal company executives. The investigation began in 2014 when agents from the Central Investigation Service entered the company’s offices.
wkt/PAP
Source: wPolityce