The General Assembly of the Constitutional Court did not agree to waive the immunity of president Bogdan Święczkowski. The TK stated in its communication that the president did not take part in the discussion or vote on the resolution.
Attorney-General Waldemar Żurek applied for approval to hold the president of the Constitutional Tribunal in a criminal capacity at the end of September. The basis was evidence collected by the National Prosecutor's Office's Investigation squad in an investigation into the usage of Pegasus software by public officers.
Charges related to Pegasus
According to the prosecutor's office, Święczkowski exceeded his powers as a national prosecutor between 2020 and 2021. Advocate General Anna Adamiak informed that Święczkowski was in charge of the execution of an act prohibited by prosecutor Paweł Wilkoszewski.
Excess of powers was to be based on commanding control of CBA operations and operations towards Roman Giertych's lawyer. The prosecution claims that the de facto audit was intended to get information about Giertych's private, professional and political activities.
Response of the president of the Constitutional Tribunal
Święczkowski, in a message issued at the time, stated that the motion of the lawyer General was a "worse political hucpa". He assured that all decisions and orders issued as a national prosecutor "were lawful and fit within the powers conferred on him by the Law on the Prosecutor's Office".
"I only regret that Mr. Żurek besides did not send a motion to waive immunity in the Hermes case, due to the fact that then we would have done 2 things in 1 swing" - said the president of TK the day later on Radio Wnet. He added that Żurek would most likely be waiting to apply again in a fewer months to waive his immunity.
Procedure and parallel proceedings
In accordance with the Act on the position of Judges of the Constitutional Tribunal, a justice cannot be held liable without the approval of the General Assembly. The decision shall require an absolute majority of the votes and shall be taken within 1 period of the submission of the request.
At present, the Constitutional Tribunal has 11 judges out of 15 positions and the judgments have not been published in the authoritative diary since March last year. At the same time, the National Prosecutor's Office sent a motion to the ultimate Court to waive the immunity of prosecutor Wilkoszewski, who was suspended in his duties until March 2026.
Sources used: "PAP" Note: This article has been edited with the aid of Artificial Intelligence.
