The president of the Constitutional Tribunal, Bogdan Świętczkowski, sent a announcement to Deputy lawyer General, Michał Ostrowski, concerning the suspicion of serious crimes against the Republic of Poland.
Among the persons mentioned in the paper were Prime Minister Donald Tusk, as well as another key representatives of the government, parliament and justice. The charges relate, among others, to a coup d'état which, according to the penal code, may consequence in a life sentence.
In law enforcement 60-page notice listed a number of acts classified as offences against the state system. mention to Article 127 Criminal Codewhich provides:
“Who, with the aim of depriving independence, depriving part of the area or altering the constitutional government of the Republic of Poland, undertakes, in consultation with another persons, activities aimed straight at achieving this goal, the conviction of imprisonment for a period not little than 10 years or the conviction of life imprisonment.”
According to Bogdan Święczkowski, the current actions of power are not a classical force coup, but are a form of creeping coup d'état, whereby state institutions are gradually dismantled. In his opinion, the organised criminal group, which aims to weaken key constitutional bodies specified as the Constitutional Court, the National Judiciary Council and the ultimate Court, has joined this process.
In addition to Prime Minister Donald Tusk, the announcement mentions Speakers of the Sejm and the Senate, government ministers, parliamentarians of the ruling coalitionand President of the Government Legislative Centre, Judges and Prosecutors. The allegations concern:
- pweighing the legality of the Constitutional Court and its decisions – among others, by blocking their publication by the Government Legislative Centre.
- Obstruction of the functioning of the National Judicial Council and ultimate Court – questioning the position of judges and resolutions issued by the SN.
- acquisition of key public institutions – including control of the National Prosecutor's Office and public media.
In his statement, Bogdan Święczkowski stressed that he had attempted to enter into dialog with representatives of legislative and executive authorities, but his proposals did not receive any response. According to him, ignoring calls for compromise on matters relating to justice was a origin that prompted him to take legal action.
"When I became president of the Constitutional Court, I declared that I would effort to establish contact and dialog with the representatives of the authorities who, in my deepest conviction, act unlawfully. Unfortunately, my proposals met with a full deficiency of consequence – said Świętczkowski.
Deputy lawyer General Michał Ostrowski initiated an investigation into the notification. The prosecution will examine whether there has actually been criminal action and whether there is evidence of action in an organised criminal group.
Jarosław Kaczyński, president of Law and Justice, immediately responded to the allegations made by the current authorities. On social media, he expressed satisfaction with the actions taken and recalled that he had already pointed out the request to apply Article 127 kk to the rulers.
– I welcome the initiative of the president of the Constitutional Court and the fact that an investigation has been initiated. I have repeatedly pointed out that the illegal takeover of state institutions, including the National Prosecutor's Office and public media, as well as the weakening actions of the Constitutional Tribunal and the National Court of Justice, are clearly contrary to the Constitution and should be qualified as a coup d'état – Kaczyński wrote on X.
What's next? Possible scenarios
The substance will surely have serious political and legal consequences. Possible scenarios include:
- the improvement of investigations and possible allegations for government representatives – if the prosecution considers that there are grounds for formal prosecution, this could trigger the biggest constitutional crisis in the III Republic.
- Retaliatory actions of the government – it is not possible to regulation out attempts to undermine the Constitutional Court's decision and the prosecution's allegations through legislative or political action.
- International repercussions – The European Union and another institutions can respond to the situation, recognising it as an escalation of the regulation of law conflict in Poland.
Notice of a coup and the initiation of an investigation is 1 of the most serious political and legal issues of fresh years. The dispute over constitutional institutions in Poland reached the climax, which could influence the form of the Polish political scene for many years. As further developments unfold, it remains open.
