Mr. Minister, here I have a serious problem with your entry - and I'm not talking about Mr. Romanowski, but about the law. Article 281 § 2 of the Criminal Procedure Code indeed states that in preparatory proceedings, a closed list may be issued at the request of the prosecutor or in the absence of his objection. However, that is where, in this case, the legal analysis does not end. The Court of Appeals in Gdańsk already on March 29, 2022, II AKz 222/22, ruled that the prosecutor's objection does not bind the court. The same position was held by the Court of Appeals in Szczecin. What is particularly important - the Court of Appeals in Warsaw in the case II AKz 1037/24 indicated that despite the wording of Article 281 § 2 of the Criminal Procedure Code, the court is not bound by the prosecutor's objection. The same applies to the Regional Court in Warsaw, XII Kp 2497/25. So we are not dealing with an interpretation invented today for Romanowski. This dispute has existed in the jurisdiction since 2022 🤷♂️ The prosecution can appeal the ruling and present its own arguments. However, the Minister of Justice, a former judge, should perhaps be particularly careful before labeling the court's decision political after an unfavorable ruling for the prosecution, describing the judge as from Ziobro's stable, and reducing his ruling to the principle of "our own protect their own." I would not engage in the rhetoric of the other side here, for which we consistently criticize it 🤷♂️ Because this is no longer a polemic with the interpretation of Article 281 § 2 of the Criminal Procedure Code. This is attributing political motivation to the judge in a specific, ongoing case 🤷♂️ And one more thing - the Constitution is not a shield behind which a judge can hide. It is the highest law of the Republic, Mr. Żurek. Appeal the ruling. Present legal arguments. Let the appellate court decide - this is just the way I would like to see it. This is how the rule of law should look - also when we do not like the court's ruling 🤷♂️ #praworządność #prawo #sprawiedliwość (translated)
