Providing files to a suspect who has been placed under temporary arrest is a rule of the code. There is no possibility of refusing to provide files to a suspect against whom an arrest request has been filed, said Przemysław Nowak, spokesman for the National Prosecutor’s Office.
In a statement published Thursday on the PK website, he added that the services “are aware of these rules”, which is why the evidence does not contain information that reveals “operational techniques” and data with which the suspects should not be familiar.
Prosecutor Nowak’s announcement on Thursday is related to the publication of the daily “Rzeczpospolita”, which claims that the Russian spy Paweł Rubtsov, detained in Poland and working for the GRU – before being extradited to Russia – had access to the materials of the Polish investigation, including secret ones. According to the newspaper, the prosecutor’s office could have denied Rubtsov access to secret files for “protecting the interests of the state”.
The PK spokesman recalled in a statement that this suspect was detained from March 2, 2022 to July 31, 2024. Prok. Nowak noted that according to the Code of Criminal Procedure, if a request for the application or extension of pre-trial detention is filed during an investigation, the suspect and his defense lawyer will immediately receive the case files in the part containing the content of the evidence attached to the request.
Providing files to a suspect who has been placed under temporary detention is therefore a rule of the code. There is no legal possibility of refusing to provide files to a suspect against whom a request for temporary detention has been made. (…) The need to provide files is therefore a consequence of the submission of a request and the extension of pre-trial detention.
– emphasized prosecutor Nowak.
He added that in such a situation the provision that provides for the possibility of refusing access to files for “protection of important State interests” – applied to suspects who respond freely – does not apply.
The authorities (police, services) cooperating with the Public Prosecutor’s Office and transferring evidence to the investigation files, including evidence obtained in the context of classified proceedings, are aware of these principles, including the need to make the files available to each accused person. As a result, information revealing “operational techniques” and other data with which suspects or accused persons should not be familiar is not included in the evidence.
– noted the PK spokesperson.
As prosecutor Nowak emphasized, “this was also the case in this case.”
At the same time, the spokesperson of the National Prosecutor’s Office on the 13th announced a briefing on this matter at the PK headquarters.
As you can see, not only did the spokesperson for the National Public Prosecutor’s Office not say “I’m sorry”, but in addition, there was a fierce narrative not to consider the Public Prosecutor’s Office’s behavior towards the Russian spy as a gross mistake.
tkwl/PAP
READ ALSO:
– An incredible scandal! The prosecutor’s office provided the files to Rubtsov before he left for Russia. Śliwka: “Bodnar should resign!”
– ONLY WITH US. Rucbow was reading his files, but Father Olszewski did not have this opportunity. Skwarzyński: “The spy is safer for the prosecutor’s office”
– OUR INTERVIEW. Ostrowski on the scandal with Rubtsov: “Chaos. Communication between the prosecutor’s office and the services was misleading.
— Rubtsov scandal! Internet storm: “Bodnar will resign!”; “This is a risk to the health and lives of people who care about our safety”
