The long-term legal conflict with justice Igor Tuleya ended with a final provision which indicates that the public message of reasons for the order by the justice did not constitute a criminal offence. This decision is crucial for the independency of courts and the protection of judicial immunity. What were the details of the case, and why did the court find that the action of justice Tulei was lawful?
The beginning of the case and the charges against the judge
In December 2017, justice Igor Tuley, chairing the one-man ruling panel of the territory Court of Warsaw, announced to the public a message of reasons for repealing the prosecutor's decision to discontinue the investigation. Prosecutors from the Home Office of the National Public Prosecutor's Office (PSC) found that the justice violated the law by publically disseminating information from the preparatory proceedings without the required consent (Article 241 § 1 of the Criminal Code).
In February 2020, prosecutors sent a motion to the then Disciplinary Chamber of the ultimate Court to waive the immunity of justice Tulei and to prosecute him. The Disciplinary Board agreed to the waiver of immunity in November 2020, however, justice Tuley refused to attend the hearings, arguing that the decision was invalid.
Breakthrough judicial decisions
In 2021, prosecutors applied for forced detention and bringing justice Tulei to justice. The Disciplinary Board refused to accept specified a measure, and that decision was upheld by the Chamber of Professional work of the ultimate Court in November 2022.
On 19 May 2023, a prosecutor seconded to the PK WSW dismissed the investigation of justice Tulei, citing a ‘other case excluding prosecution’ (Article 17(1)(11) of the Code of Criminal Procedure). The explanatory memorandum highlighted that the National Prosecutor's Office did not have legal instruments to effectively waive immunity and to interview the justice as a suspect.
Final settlement
Judge Tulei's Plenipotentiary filed a complaint against the prosecution's decision, requesting a change of the grounds for redemption to ‘the act does not contain the prohibited marks’ (Article 17(1)(2) of the Code of Criminal Procedure). At the gathering of the territory Court for Warsaw-Woli in Warsaw, the prosecutor agreed to this conclusion, stressing that the behaviour of justice Tulei never bore the signs of the crime.
The Court of First Instance took into account the complaint and changed the grounds for redemption, stating unequivocally that the public message of reasons by justice Tuleya did not infringe the law.
Meaning of the judgment
The decision of the court is crucial not only for justice Tulei but besides for the full Polish justice system. It stresses the request to defend the independency of judges and respect the regulation of law. The judgement cited clearly shows that the actions of judges in the performance of their professional duties must be assessed in the context of legal provisions and their functions in the justice system.
The rightful termination of the case of justice Tulei may constitute an crucial precedent, protecting another judges from akin attempts to interfere with their work.
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The public message of the message of reasons for justice Tuley's vote in the Column Hall was not a crime
