Obajtek and Dworczyk without immunity. When will they hear the allegations when the case goes to court? The prosecutor's office speaks
European Parliament, at the request of the former Prosecutor General Adam Bodnar, On Tuesday, he opened the immunity of PiS MEPs Daniel Obajtek and Michał Dworczyk. In such a request, the prosecutor indicates specific allegations he wants to make. And only they can be in the prosecutor's decision. However, before both politicians are heard and a lot of time will be sent to the court. Here's what can happen.
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What the prosecutor's office wants to accuse Daniel Obajtek
The case regarding Daniel Obajtek is carried out by the Regional Prosecutor's Office in Warsaw. He wants to make objections to commit a crime under Art. 18 parish 1 of the Penal Code (order to perform a criminal act) in connection with art. 296 parish 1 of the Penal Code (causing damage in business transactions). In short, the point is that Obajtek, as the president of Orlen, issued the conclusion of two contracts – one of July 7, 2021 and the other of October 7, 2021 – with a total value of PLN 393,600 for the provision of detective services.
The agreements were to concern the physical and economic security of Orlen, but according to the prosecutor's office they served the private interests of Daniel Obajtek. Thus, Obajtek caused damage in the amount of less than 400 thousand. zloty. If it was about the damage of considerable value, i.e. in great size Daniel Obajtek would face up to 10 years in prison. Rather, the maximum punishment is three years, up five. For now, however, the prosecutor's office is still conducting proceedings in the case, not against a specific person. When will this change?
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First allegations, then an indictment
– First, we must formally receive documents from the European Parliament, only then the prosecutor's office may submit a decision on the presentation of the allegations – says prosecutor Mateusz Martyniuk, spokesman for the Regional Prosecutor's Office in Warsaw.
Just making a decision is not everything. The allegation is made by a specific string of activities: the allegations must still be presented and interrogated by the suspect. In a word, investigators must call for Daniel Obajtek. When asked when it can happen, prosecutor Martyniuk answers: “it is hard to say“This answer is not surprising, because there is no certainty when Daniel Obajtek appears in the prosecutor's office. If he did not appear in the indicated, usually set by phone, he can be brought or sought by arrest warrant.
In order for a conviction, the prosecutor's office must still lodge an indictment. According to lawyers, the case will start in court the fastest next year, as long as the prosecutor's office will do everything to send an indictment to court this year. The process may take about 1.5 years or even longer in the first instance. The opinions of experts that are usually waiting for can be crucial here. As noted by prosecutor Martyniuk, the self -revocation of immunity also lasted a long time, nearly ten months. First of all, Daniel Obajtek will defend himself, which he announced in an interview with Cyprian Majcher.
Daniel Obajtek: There is no place for the prosecutor's office
Majcher asked Obajtek if he is humanly, he is afraid that he would be an ideal political prisoner?
“I don't know a man who wouldn't be afraid of certain things,” Daniel Obajtek replied. Then he added that All these conclusions influence the European Parliament unlawfully. “The national prosecutor is selected unlawfullyThe Supreme Court stated that the prosecutor is completely different than the one who is a usurper. The General Minister is only a postman of applications to the EP and the conclusions that influence are unlawful. If Orlen has any problems, he should go with a civil action. There is generally no place for the prosecutor's office in this case. These are political matters. If I, if the company, even if the company, and not me, takes a detective company to check some things, is allowed by law – emphasized Daniel Obajtek.
It is worth noting here that this is not the only case that the prosecutor's office is conducting in the Orlen case. In July, during the time of Adam Bodnar, the EP was sent to the revocation of immunity to Daniel Obajtek in the case about giving false testimonies regarding employing friends, as well as blocking the sale of the weekly number “Nie” with Jan Paweł II and a crucified doll on the cover.
What about Michał Dworczyk's case?
The fate of Michał Dworczyk's case will look like Daniel Obajtek. Although here Prosecutor Antonia Skiba, spokesman for the District Prosecutor's Office in Warsaw, provides for quick investigative activities, although he indicates what may delay them.
– Materials from the European Parliament must come first. Then the prosecutor's office will want to issue a decision as soon as possible to charge and carry out activities. If we get the documents fairly quickly, the issuing of a decision will not be a problem – explains prosecutor Skiba. He hopes that it Everything can happen even this monthbut under certain conditions. – We will try to determine the deadline as soon as possible, but we have to count that it will depend on the date of the meetings not only of the EP, but also the commission – explains Prosecutor Skiba.
What do investigators want to accuse Michał Dworczyk?
According to investigators, Michał Dworczyk He exceeded his rights as the head of the Chancellery of the Prime Minister did not fulfill his duties by using a private, unsecured email box in business correspondence. As a result, classified documents appeared on a private account, which harmed the public interest and at the same time hindered the investigation, because the evidence was destroyed. For this reason, Dworczyk may hear allegations of art. 231 parish 1 of the Penal Code (abuse of powers) and art. 239 parish 1 of the Penal Code (obstructing criminal proceedings). For an act of art. 239 faces up to five years in prison.
