PK announces further action on Manowska's immunity

upday.com 1 month ago
The provisions on the prosecution's request to grant waiver of immunity and the president of the ultimate Court, including the resignation of the proceedings, were unfounded - said PK pro-Procedor Przemysław Nowak. He announced further procedural steps to get the consent of the TS and the SN to waive the immunity of Margaret Manowska.PAP

The National Prosecutor's Office shall announce the continuation of actions aimed at waiving immunity and the president of the ultimate Court after the Court of State has released the proceedings on Thursday. Prosecutor of the National Prosecutor's Office of Proc. Nowak assessed the decision as "totally unfounded" and "deprived of real legal bases".

On Thursday, the Court of State of 3 Judges dismissed the application for the waiver of the immunity of Margaret Manowska and the president of the Court of State. justice Peter Sak stated that the reason for the redemption was the absence of a quorum and the absence of a legitimate prosecutor, and justice Joseph Zych made a separate conviction for the order.

Attorney's office

The National Prosecutor's Office categorically rejects the Court of State's arguments that there is no legitimate prosecutor. According to PK spokesperson Prok. Nowak stated that "the motion to waive immunity may come from the prosecutor" and "it may be any prosecutor, regardless of his position or function."

The prosecution besides disputes the argument of the absence of a quorum, claiming that "the adequate composition was present at the Court of State sitting on 3 September 2025". According to the PK, the view of the absence of a quorum stems from the "unwarranted provision to exclude 12 people from the composition of the Court of State".

The PK Ombudsman besides assessed that the exclusion of disclosure of the Thursday TS gathering was unfounded. As he argued, "the case concerns a motion to waive immunity for a public officer in connection with the suspicion of having committed 3 authoritative offences", and all major facts are public and public.

The genesis of the case

In July, the National Prosecutor's Office issued an application for the waiver of immunity and the president of the ultimate Court for the suspicion of 3 authoritative offences. The allegations concern the failure to fulfil the obligations relating to the failure to convene a full gathering of the Court of State and the breach of powers in matters of the SN College.

The additional plea concerns the failure of the final order of the Olsztyn territory Court concerning the resolution on the suspension of justice Paul Yuschyn. The Olsztyn court then approved the motion to suspend the effectiveness of this ultimate Court resolution.

History of proceedings

The Manowska Plenipotentiary applied for exclusion from the ruling group of judges who were interviewed as witnesses. He referred to the provisions of the Code of Criminal Procedure stating that the justice is excluded "if he witnessed the act which the case is about".

The decision to exclude 12 judges of the Court of State was taken on 29 August at a secret gathering composed of: president Piotr Andrzejewski and Judges Zych and Sak. At the gathering on 3 September, there was a fight between supporters and opponents of this decision, which ended with an indefinite postponement by Andrzejewski.

A group of judges led by Vice-President Jack Dubois did not accept the exemption decision, considering that the Code of Criminal Procedure did not apply in case of immunity. After the departure of Andrzejewski and any of the judges, the others again entered the hall, and justice Zych announced the postponement of the sitting until 22 September.

Sources used: "PAP" Note: This article has been edited with the aid of Artificial Intelligence.

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