The case of Man's immunity. 12 judges of the Tribunal of State excluded from the adjudication
The State Tribunal – considering on Friday in a three -member composition the request of the defender of the TS chairman, and the president of the Supreme Court Małgorzata Manowska – excluded 12 judges of the Tribunal from the case of repealing her immunity. After analyzing the case, this application was considered justified.
TS announced on the Friday decision of the TS on the Platform X defender of the chairman of the TS adv. dr Bartosz Lewandowski.
The decision was made in closed session composed of: chairman Piotr Andrzejewski, members of Józef Zych and Piotr Sak, who also served as a rapporteur. SAK confirmed PAP information about the exclusion of 12 TS judges, noting that in addition three more judges of TS on their own submitted an application to exclude this immunity.
Originally, the application for exclusion concerned Jacek Dubois, Kamila Ferenc, Adam Koczyk, Marek Małecki, Marek Mikołajczyk, Marcin Radwan-Röhrenschef, Przemysław Rosati and Piotr Zientarski. The State Tribunal also joined Sabina Grabowska, Maciej Miłosz, Marcin Wawrzyniak and Maciej Zaborowski.
“The State Tribunal was to decide on the request of the National Prosecutor's Office to repeal immunity and the president of the Supreme Court Prof. Małgorzata Manowska. This will not be possible,” wrote Lewandowski.
He informed that the three -person composition of the State Tribunal had granted his request and stated that 12 judges of the Tribunal interrogated by the prosecutor's office as witnesses could not participate in the examination of the case under the provision of the Code of Criminal Procedure. Consequently, he noted – there is no composition of the Tribunal to recognize the prosecutor's application.
“Regardless of formal issues, the allegations for which the prosecutor's office wants to attract criminal liability as the prosecutor's office are completely unfounded and do not find attitudes in the evidence,” added Lewandowski.
In the previous Friday conversation with PAP, Lewandowski clarified that he had submitted a request to state that eight members of the State Tribunal could not participate in the examination of the immunity of the chairwoman of the Tribunal, and the president of the Supreme Court Małgorzata Manowska, because they were questioned by the prosecutor's office as witnesses.
He pointed out that art. 40 parish 1 point 4 of the Code of Criminal Procedure – applied accordingly to the proceedings before the State Tribunal – clearly states that persons interviewed as witnesses cannot participate in the examination of the case and are excluded by law.
He also emphasized that in this case the prosecutor's office questioned 13 out of 19 members of the Tribunal, which means that by law they are also excluded from the participation of the immunity of the chairman of the TS. He also noted that a quorum of 2/3 of the entire TS composition is necessary to hear this case, which in practice prevents the trial from being carried out for formal reasons.
The deadline for the trial before the State Tribunal regarding the revocation of the immunity of its chairwoman was appointed on September 3. In connection with the Friday decision, the hearing within the prescribed period is in question, as the number of judges who can participate in it is insufficient to achieve the required quorum.
The National Prosecutor's Office raised to repeal Man's immunity in mid -July, wanting to make her three criminal charges.
It is about exceeding the rights when recognizing the validity of the voting of the College of the Supreme Court despite the lack of quorum, failure to fulfill the obligations related to failure to make the full composition of the State Tribunal within the date of the meeting and failure to perform the final decision of the District Court in Olsztyn regarding the resolution on the suspension of judge Paweł Juszczyszyn.
In Manowska's opinion, there is no reason to reveal her immunity. – Of course, I will stand in court and in front of the State Tribunal with an open visor. However, I do not intend to do any such maneuvers as the waiver of immunity, because first of all it is legally unacceptable, and secondly I do not think that I did anything bad – she said in July in one of the interviews.
The application for the revocation of immunity outside the State Tribunal also went to the SN professional responsibility chamber, where separate proceedings are pending. This is due to the fact that Manowska holds the function and president of the Supreme Court and chairwoman of the TS, because the first president of the Supreme Court is the chairman of the TS by virtue of law. Therefore, in the case of intention to pull Manowska, the consent of the State Tribunal and the competent disciplinary court, in this case, in the case of the SN professional responsibility chamber.
Pursuant to the Act on the State Court, consent to pull the member of the Tribunal to criminal liability or deprivation of liberty, by way of a resolution, the Tribunal of the State itself, excluding a member of the Tribunal to whom the application relates. This resolution is collapsed by an absolute majority of votes in the presence of at least 2/3 of the members of the State Tribunal.
According to the Constitution, the State Tribunal consists of the chairman, his two deputies and 16 members elected by the Sejm from outside the group of deputies and senators during the term of office of the Sejm. (PAP)
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