The announcement was made on Thursday morning on the “X” platform by lawyer Bartosz Lewandowski, representing PiS MP Marcin Romanowski.
According to him, the basis of the request made is “the unprecedented fact of issuance on July 26, 2024 personally by Senator Adam Bodnar
procedural decision in the course of the investigation (rejection of the request for exclusion of Prosecutor Dariusz Korneluk due to his lack of impartiality), reserved exclusively for acting prosecutors conducting preparatory proceedings.
Lewandowski: Bodnar took on the role of prosecutor, which he cannot combine with his term as senator
According to Mr. Lewandowski’s entry, the decision concerns an investigation into crimes allegedly committed by the previous management of the Ministry of Justice (Romanowski was then deputy minister).
“The justification states that the analysis of the provisions of the Law of January 26, 2016, as well as the Code of Criminal Procedure, clearly indicates that the Minister of Justice-Attorney General may, in the course of proceedings conducted in the Public Prosecutor’s Office subordinate to him, only exercise activities that are assigned to him by regulation (for example, Article 521, paragraph 1 of the Code of Criminal Procedure – he may file an appeal in cassation to the Supreme Court against a final judgment). The provisions of the Law and the Law on the Public Prosecutor’s Office place the position of the Attorney General-Minister of Justice in a very special way. He may give instructions to prosecutors, but his special powers during preparatory proceedings are very limited. The legislator clearly separated the function of the politically responsible Minister of Justice-Attorney General (politician) from that of the National Prosecutor, who is an acting prosecutor and first deputy and has competences in the area of personnel, as well as the right to take appropriate procedural actions on his own initiative, as well as as a result of his delegation or acquisition”, wrote lawyer Lewandowski.
According to the lawyer, Bodnar was not authorized to make a decision during the investigation and, therefore, assumed the role of prosecutor, which he cannot combine with his mandate as senator.
