Bodnar will keep immunity. The Senate did not agree to its repeal in connection with a private indictment

The Senate did not agree on Thursday to repeal the immunity of the former Minister of Justice, Senator Adam Bodnar, privately accused of defamation. The case concerned the content of Bodnar's letter to the court and the ministry's message, in which it was wrongly stated that one of the judges was appointed by Neo-KRS.

33 senators voted for criminal liability, 57 were against, two senators abstained.

Jacek Zagucki, who is a judge of the District Court in Suwałki, submitted a request to repeal immunity by private prosecution. The case concerns the acts of art. 212 parish 1 and 2 of the Penal Code, i.e. defamation of another person by means of mass communication.

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The allegations concerned the content of Bodnar's letter to the College of the District Court in Suwałki and a message on the website of the Ministry of Justice, in which it wrongly indicated that the judge Zagucki was appointed by the so -called Neo -krs, i.e. the National Council of the Judiciary in shape after changes in 2017 – assessed by the current authorities as an unconstitutional and politicized institution. This information was corrected after the judge's intervention, whose MS in connection with this situation apologized.

Bodnar explained that his letter to the Court's College was part of the formal procedure for dismissing a judge from the function of the president of the court. He pointed out that his reservations concerned the circumstances of the appointment of Zagucki as the president of the court, and were also associated with the signing of a letter of support for judge Łukasz Piebiak (former deputy head of MS, deputy Zbigniew Ziobro) to the National Court Register. – I do not feel that I would in any way define Mr. Judge Zagucki – emphasized Bodnar in the Senate.

He also stated that for many years he has been in favor of a significant restriction and even the abolition of the application of Art. 212 of the Penal Code. In his opinion, cases regarding words, opinions or presentation of content should be resolved by means of a lawsuit for the protection of personal rights. He also informed senators that as a minister of justice he apologized to the judges for the statements of Zbigniew Ziobra directed at them.

The conclusion of Judge Zagucki on Wednesday was dealt with by the Senate Regulations, Ethics and Senatorial Affairs Committee, which gave him a negative opinion.

At the Bodnar committee meeting, referring to the case of an incorrect message of MS, he stated that there was no point in denying that there was a mistake about the judge. He noted, however, that there was a fairly quick reaction from the Ministry of Justice. He emphasized that as a person managing the ministry, he was not aware of the appearance of this error and certainly did not suffer direct responsibility for him, and even more so he did not act intentionally.

Bodnar also referred to the Piebiak support letter signed by Zaducki. – He signed this letter of support in 2022, and at that time I think that for many people it was quite obvious, especially after the resolution of three chambers of the Supreme Court of 23 January 2020, that the National Court Register does not meet the criterion of the authority that would act in accordance with full constitutional values. This subject is extensive case law of the Court of Justice of the European Union and the European Court of Human Rights – he said.

The former minister also reminded that the decision to dismiss Zagucki was made after the positive opinion of the College of the Suwałki District Court. He also pointed out that his actions were within the statutory competence of the Minister of Justice and that the jurisprudence of the Supreme Court excludes the qualification of such activities as defamation.

The proceedings were pending in a private accusation mode, which means that it was not initiated by the prosecutor's office. The repeal of the parliamentarian immunity is necessary to conduct court proceedings; The decision of the Senate means that it will not be able to take place towards Bodnar.

Judge Jacek Zagucki from the function of the president of the District Court in Suwałki Bodnar dismissed on December 18, 2024 – as MS informed at the time – including Due to the arbitrary, without consulting the judicial self -government, he was appointed to act as president by the previous head of MS Zbigniew Ziobra. (PAP)

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