The National Prosecutor's Office announces that Dariush Barski is performing the function of the National Prosecutor. A letter dated 12 January 2024 from Attorney General Adam Bodnar, in which he indicates that, in his opinion, the National Prosecutor remains a retired prosecutor after retirement, in the manner specified in the non-binding act of 9 October 2009. The amendment to the previous Act on the Prosecutor's Office does not have any legal effect.
The Attorney General's letter of January 12, 2024 should be seen as an attempt, not based on any factual legal basis, to deprive the National Prosecutor of the power to perform his functions by circumventing the legal mechanism of dismissal that has been established. Law “On the Public Prosecutor's Office”, which requires the consent of the President of the Republic of Poland to be effective.
The Attorney General's letter is not a decision that can have legal effect, but only his interpretation of the law. It must be emphasized that the provisions referred to by the Attorney General have never been questioned or interpreted as presented by the Attorney General after the commencement of the Prosecution Act.
The reasoning of the Prosecutor General will lead to the conclusion that the Prosecutor Dariusz Barski was, in fact, retired, that is, after the retirement of the Prosecutor, during the entire period of activity of the National Prosecutor, starting from March 18, 2022. This type of completely illogical reasoning can lead to questioning the validity and effectiveness of all decisions made by the National Prosecutor during his tenure, from organizational, financial and personal decisions to procedural decisions made in specific proceedings, which will lead to questioning. The validity of these proceedings and the harm to the citizens whose interests are affected by these proceedings, especially the victims of crime.
The letter of the Prosecutor General, which is only his opinion, cannot and does not have any legal effect and, in particular, it does not affect the official status of Prosecutor Dariusz Barski and his function as a national prosecutor. the law.
Both the National Prosecutor and other Deputy Prosecutor Generals strongly oppose attempts to circumvent the legal regulations on the dismissal of the National Prosecutor, which require the approval of the President of the Republic of Poland to be effective.
The letter is signed by Karol Borcholski from the press department of the National Prosecutor's Office.
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