Investigation into Supreme Court First President Zbigniew Kapiński – allegations of exceeding authority
The National Prosecutor's Office initiated an investigation on 29 June into Zbigniew Kapiński, First President of the Supreme Court. The allegations concern the period when he headed the Criminal Chamber of the Supreme Court.
Prosecutor's office examines actions of Supreme Court head
Zbigniew Kapiński, who has served as First President of the Supreme Court since 25 May, is subject to a prosecutor's investigation, according to fakt.pl. The National Prosecutor's Office initiated proceedings on 29 June in connection with suspicion of exceeding authority by the judge during the time he headed the Criminal Chamber of the Supreme Court.
Anna Adamiak, spokesperson for the Prosecutor General, informed in a statement that the case is being handled by a team of prosecutors appointed to deal with preventing negative consequences of rulings issued by judges appointed with the participation of the National Council of the Judiciary after 2017.
According to the statement, the proceedings cover the period from 8 May 2024 to 25 May 2026. The Prosecutor's Office claims that during this time Kapiński issued orders "without legal basis and in violation of regulations", which deprived parties to proceedings of the ability to initiate a procedure for disqualification of a judge in accordance with Article 41 § 1 of the Code of Criminal Procedure.
"These orders were intended to eliminate consideration of requests for judge disqualification in accordance with applicable procedural provisions, and consequently to violate the right to an independent and impartial court," reads the National Prosecutor's Office statement. According to investigators, these actions harmed both the private interest of the parties and the public interest in the proper functioning of the judiciary.
Kapiński began his judicial career in the District Court in Siedlce, subsequently adjudicating in a lustration court and the Warsaw Court of Appeal. Between 2023–2026 he headed the Criminal Chamber of the Supreme Court. During this time he issued, amongst other things, a ruling stating that National Prosecutor Dariusz Barski, recalled by then Justice Minister Adam Bodnar, remained legally performing his function. He was also accused of obstructing the issue of a ruling concerning the expiration of the parliamentary mandate of Mariusz Kamiński of the Law and Justice party.
President Karol Nawrocki appointed Kapiński to the position of First President of the Supreme Court.
Source: Google News PL