The prosecutor's office accused Adam of Niedzielski to exceed the rights in connection with the disclosure of the official secrecy, i.e. sensitive data of doctor Piotr Pisula.
It is about the entries that the Minister of Health then posted on August 4, 2023 on Twitter (currently Platform X). He referred to them to a material broadcast the day before in TVN facts. The former Minister of Health revealed in them what medicines the doctor prescribed to himself, who pointed out the difficulties in issuing prescriptions. This, according to the prosecutor's office, violated personal rights and broke the provisions on the protection of sensitive information.
See also: The list is long. What regulations did the minister break [ANALIZA]
In the published statement, the then head of MZ later reported that the publication of information about the prescription by a doctor employed at the Municipal Hospital in Poznań was aimed at – on the one hand – defending the good name of the Ministry of Health, but above all defending the patient's interests.
Judgment of the District Court for the Capital City of Warsaw in this matter was made on December 13, 2024. The court unlawfully sentenced the former health minister to three months imprisonment suspended for two years. He also ordered the publication to be made public, to pay five thousand PLN compensation and cover court costs.
The defense of Adam Niedzielski, who appealed, disagreed with this decision. It was considered on Wednesday by the District Court in Warsaw.
See also: “Explicit fracture of the constitution”. Adam Niedzielski responds to the allegations
The District Court upheld the judgment under appeal. He also awarded the court costs.
Judgment for Adam Niedzielski. How does the court justify this?
In the justification, judge Iwona Konopka indicated that the District Court correctly assessed the collected evidence. “The court correctly qualified the accused's behavior and there were no grounds to recognize that the accused did not exhaust the features of the crime assigned to him” – the judge emphasized.
She noted that if the former health minister wanted to act in accordance with his rights, his statement would indicate directly to the reasons for the inability to write a given medicine. “It would be information that would actually be a message to calm potential patients,” said the judge.
Judgment for Adam Niedzielski. Defender's commentary
As the defender Adam Niedzielski, advocate after the trial. Andrzej, a valid “court justification is somewhat general”. “I will consider referring a request for written motives and a possible further procedural route” – he said important.
He emphasized that he lodged an appeal, considering that the decision of the court of first instance was unfair, taking into account the minister's activities at that time.
