The territory Attorney's Office in Szczecin announced the decision to discontinue the investigation concerning Olgiard G., the Civic Platform (PO) policy and the Marshal of the Zachodniopomorskie Voivodeship. G. was suspected of bringing the immediate danger of a disaster in land traffic on the S3 road on 13 May 2021. The decision to discontinue the investigation was announced on August 29, 2024, justifying it deficiency of the marks of the prohibited act.
Events
The event took place on the S3 road close Goleniów. Olgierd G., driving a passenger car, “took his way to the DAF tractor saddle, starting an unwarranted braking manoeuvre, leading to a collision and then blocked traffic on the right lane of the expressway.” The event was immortalized on a video of a camera in the cab of a truck that went online in June 2021. In the video, you can see a individual overtaking the truck, coming down to the right lane and rapidly braking, leading to a car crash. The passenger driver, Olgird G. turned out to be, gets out of the car, gestures and walks on the road with his telephone in his hand.
Investigation
The investigation began in May 2021, initially as an infringement proceeding under Article 86 of the Code of Offence (a road safety threat). Then the case went to the territory Prosecutor's Office in Szczecin, where it was led towards Article 160 of the Criminal Code (the hazard of imminent failure of life or serious injury, the threat of imprisonment of up to 3 years) and Article 174 of the Criminal Code (the introduction of direct danger of disaster in land traffic, threatened with punishment from 6 months to 8 years).
In the course of the investigation, the prosecution undertook a number of procedural actions to reconstruct the course of the event. In the case, experts from various institutions were appointed, including experts from the Faculty of Transport and Aviation Engineering, the Department of Road Transport of the Silesian University of Technology in Katowice, a judicial expert in automotive technology and traffic at the Zamość territory Court, as well as a squad of experts from the Institute of Judicial Experts. Prof. Dr. Jan Sehn in Poznań.
Findings of the investigation and decision to discontinue
The Prosecutor's Office stated that ‘the behaviour of driving the DAF vehicle has only created a situation of real danger of collision of 2 vehicles, which has actually happened’. However, the behaviour of the car driver Skoda did not make a direct danger of disaster in land traffic. The Prosecutor's Office pointed out that in order to be able to talk of a crime under Article 174 par. 1 KK, the "danger" brought forward would should be "specific" alternatively than "potential".
Furthermore, the prosecution assessed that Olgird G.'s behaviour after the collision, erstwhile he got out of the car and walked on the road, was besides not a real threat of disaster, but simply a possible threat. It was stressed that another drivers "did not execute any defensive manoeuvres at the time nor were they forced to execute them".
In conclusion, the prosecution stressed that the road crash "must be not only real but almost inevitable, which did not happen in the present case". Due to the deficiency of a criminal record, the investigation was dropped. However, that decision is not valid and may be contested.
Consequences for Olgiard G.
The prosecution has qualified the S3 event as a violation of Article 86 of the Code of Offence. For causing a safety hazard in land traffic Olgiard G. is threatened by fines and the anticipation of a ban on driving.
Olgiard G., a associate of the Civic Platform, has served as the Marshal of the Zachodniopomorskie Voivodeship since 2010 and is besides president of the Provincial Road Traffic safety Council.
The decision to discontinue the investigation in this case has sparked large interest in the public and the media, both local and national. In this case, the question remains whether the prosecution's decision will be contested and whether Olgierd G. will gotta face the further legal consequences of the event.
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Farce continues! The Szczecin D.A. drops the investigation against a prominent PO politician
