The territory Court in Częstochowa will deal with a case in which the prosecutor from Sosnowiec accused respective police officers from Bielsk, among others, of exceeding their powers. specified a decision was made by the ultimate Court (SN).
It follows from the reasons for the decision that the defendants will besides be served by a erstwhile worker of the Bielsko-Biala territory Court and ‘other persons whose actions stay closely linked to the conduct of the accused person’. The Bielski justice strategy is allegedly injured in this case and plans to act as a reinforcement prosecutor. The order was issued on 12 March in the ultimate Court in Warsaw. On that day, the Criminal Chamber examined an application addressed by the territory Court in Bielsko-Biała without the participation of the parties who wished to be excluded from the case, citing the provisions of the Code of Criminal Procedure and the good of justice.
The suspect is known to the judges. The reasons for the decision, issued by the ultimate Court justice Jack Błaszczyk, uncover a fresh subject of the affair – the white justice strategy sought to be excluded from the case due to the presence of the defendants of erstwhile employees of the court and "other persons whose actions are closely linked to the behaviour of the accused person."
– In the opinion of the applicant (...), the situation of this kind may make an nonsubjective view of the deficiency of conditions for examining the case in the Bielsko-Biała territory Court. - We read. The justice further states that the proposal "is legitimate and deserves to be taken into account".
– The exercise of the powers of the delegation provided for by law (...) may exceptionally, as a derogation from the constitutional rule of the proceeding of the case by the competent court (...), and only if it is demonstrated that the good of the judiciary requires specified action. - We read.
They didn't want suspicions of deficiency of impartiality.
The order adds that the suspect was an worker of the Bielsko-Biała court, she is “a individual who has repeatedly collaborated with the judges and employees of that court and is widely known to them”.
We besides learn from the justification that the Bielsko-Biała territory Court is simply a victim in the case, and the president has reported a willingness to act as a probation prosecutor. – The ruling in this peculiar case could so rise suspicion as to the absence of a fair and nonsubjective decision. In order to avoid, in specified a case, allegations which might have an effect on the deficiency of objectivity and impartiality in the examination of the case, it is appropriate that it be recognised by another territory Court.
– This position is in line with the ultimate Court's erstwhile practice. In view of the clear and convincing argument put forward in the message of reasons (...) and in fact to examine the appeal brought, it had to be considered that the interests of the judiciary were in favour of bringing the case to another equivalent court. – writes justice of the ultimate Court Jacek Błaszczyk.
Lega artis AppThree years from the first stop.
According to the decision, the case will be examined by the territory Court in Czestochowa. This is due to the fact that the territory Courts in Żywiec and Cieszyn, which are closest to the defendants' place of residence, are under the jurisdiction of the territory Court in Bielsko-Biała, which is the body which examines the remedies of these 2 courts and exercises direct judicature control over them.
The investigation, in which the defendants will yet sit on the bench of 18 people (the vast majority are present or have already been police officers from the Bielsko-Biala Municipal Police Station), has led the territory Attorney's Office in Sosnowiec since autumn 2020. Investigators have accused the defendants of a full of 43 crimes.
The allegations include exceeding the powers and failing to comply with the obligations related to the transmission of information to unauthorised persons, for example from the handling of traffic events, and the dismissal by officers of the criminal fines of persons detained for roadside checks. In the course of the investigation, extended evidence was collected, and the indictment, together with the justification, number 110 pages. The case went to the Bielsko-Biała territory Court in the last days of December last year.
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