Court demands documents from Cardinal Dziwisz – threatens fine and compulsory attendance
The District Court in Kraków has demanded from Cardinal Stanisław Dziwisz airline tickets, booking confirmations and a certificate from a court-appointed physician. Unjustified absence threatens a fine of up to 5,000 zloty or compulsory attendance.
Court issues ultimatum to cardinal: documents or fine
The District Court in Kraków has demanded from Cardinal Stanisław Dziwisz concrete evidence justifying his absence from a hearing – according to Dziennik Gazeta Prawna. The hierarchy is obliged to demonstrate his state of health with a certificate issued by a court-appointed physician, and must confirm his planned trip to the Vatican with airline tickets or booking documents. In the event of unjustified non-appearance, the court may impose a fine and, if statutory conditions are met, order compulsory attendance.
Witness in case concerning 20 million zloty
Cardinal Dziwisz was summoned as a witness in civil proceedings brought by Janusz Szymik against the Archdiocese of Kraków. Szymik is demanding 20 million zloty in compensation for harm related to sexual abuse by priest Jan Wodnik. According to information provided by Gazeta Wyborcza, TVN24 and Rzeczpospolita, the abuse occurred between 1984 and 1989, when the victim was a sacristan. The proceedings focus on the institutional responsibility of the Archdiocese of Kraków and how Church structures responded to reports concerning the clergyman's conduct.
Standard medical certificate insufficient
Cardinal Dziwisz failed to appear at the scheduled hearing date. His absence was attributed to health reasons, but Judge Monika Szczepaniec-Czech did not consider a document issued by a regular physician to be sufficient justification. She demanded a certificate confirming inability to appear in court, issued exclusively by a court-appointed physician.
This is an important procedural distinction. Article 214¹ of the Code of Civil Procedure provides that a witness's absence due to illness must be confirmed by a certificate from a court-appointed physician – a standard medical certificate issued by a physician outside this system may prove insufficient.
Trip to Vatican during hearing schedule
The situation was further complicated by the fact that representatives of the Archdiocese of Kraków informed the court of the hierarchy's travel plans. The next hearing was scheduled for 15 July, but according to information presented to the court, the cardinal was supposed to be away from Kraków during that time, including a trip to the Vatican, with his return expected in early August.
The court demanded documents confirming that the trip had genuinely been planned and covers the hearing date – including airline tickets or booking confirmations. The witness was given 14 days to present these materials. The judge noted an internal contradiction: on one hand, his state of health is said to prevent participation in the hearing, and on the other, a longer foreign trip is being planned.
Next hearing: 3 August
Ultimately, the next hearing of Cardinal Dziwisz was scheduled for 3 August. However, the question of the previous absence was not closed. Judge Zbigniew Zgud, spokesperson for the District Court in Kraków for civil matters, informed journalists cited by Gazeta Wyborcza that the court has not yet definitively ruled whether that absence will be considered justified.
Fine and possible compulsory attendance
The obligations of a witness in civil proceedings stem directly from statutory provisions. Article 274 of the Code of Civil Procedure provides sanctions for unjustified non-appearance: the court may first impose a fine and summon the witness again, and upon further unjustified non-appearance – impose another fine and order compulsory attendance. An administrative fine against a witness can amount to up to 5,000 zloty. Compulsory attendance is not an automatic consequence of the first absence – proceedings must follow the sequence and conditions specified in the regulations.
Cardinal declares willingness to testify
In a conversation with Gazeta Wyborcza, Cardinal Dziwisz insisted that he does not intend to evade giving testimony. He cited health problems, including difficulties with mobility, and assured that a document from an authorised physician had been submitted to the court. The hierarchy is open to both a hearing at the court building and one at his place of residence. The final form of the evidence hearing, however, is determined by the court based on properly documented circumstances.
Broader context of the case
The proceedings before the Kraków court are not a criminal trial against Priest Wodnik – this is a civil case in which Janusz Szymik seeks to demonstrate both the scale of harm suffered and the institutional responsibility of the Archdiocese of Kraków. The Church side contests the plaintiff's claims.
The case also has a broader context within the Church. In 2021, the Vatican announced consequences imposed on former Bishop of Bielsko-Żywiec Tadeusz Rakoczy in connection with failures concerning reports of sexual abuse of minors. One of the cases remaining in the background of these actions was the history of Janusz Szymik.
Source: Dziennik Gazeta Prawna