The case of a search of the home of erstwhile Minister of Justice and lawyer General Zbigniew Ziobry was loudly commented on in the media. However, these comments revealed imprecise, frequently misleading information. erstwhile addressing the legal request to inform the individual with whom the search is to be carried out, commentators have mistakenly spoken of the request to inform about the search, which would destruct the aspect of surprise and at the same time the point of specified search. It is so worth reading the law contained in the Code of Criminal Procedure, which in Article 224 [Procedure for conducting the search] provides:
§ 1.
Person, where the search is to take place, notify the intent of the search and call for the issue of the wanted items before the start of the operation.
Paragraph 2.
During the search, the individual mentioned in paragraph 1 and the individual admitted by the operator shall be entitled to attend. In addition, a individual may be present who is identified by the individual in whom the search is carried out, if this does not prevent the search or importantly impedes it.
§ 3.
If you do not have at least 1 adult householder or neighbour to be searched on the premises during the search.
What does this mean in practice? In practice, this means that officers, upon arriving at the place of the search, shall notify the individual concerned. If this individual is in the facility and agrees to release the wanted items, officers shall step distant from the search. If he doesn't agree, they go into action, but in front of that person. If the individual afraid is outside the facility, he must be informed of the fact, e.g. by telephone and must arrive for a search or indicate his proxy to be present during the search. Officers are waiting at the place “monitoring” the facility, but the activities begin only after the arrival of the individual or representative. specified provisions of the Code are primarily intended to prevent the dropping of materials incriminating the individual afraid by the search. The provisions of the Code so aim to guarantee full transparency of the search carried out.
As we know, in the case of a search of Zbigniew Ziobry's house, no of the procedures required by the Code of Criminal Procedure have been retained. There was no 1 at home and Zbigniew Ziobro was not notified or summoned to release wanted items. Officers committed an illegal burglary typical of a bandit robbery. By force they broke down the door and about the situation of the alleged robbery Zbigniew Ziobro realized on the basis of a notification by the alarm system. In addition, officers immediately after entering the facility were covering up surveillance cameras, thereby excluding any condition required by the law of transparency of the search. This is the way the officers acted, and the evidence of the search became zero. So the question is, why? Why was specified a forceful action carried out, and what was its real motive and purpose? In uncovering the answer to this question, it may be helpful to trace the following chronology of events over the last fewer years:
- In 2011, the Belarusian government of Lukashenka asked Poland for legal assistance to supply information on the bank accounts of Alesia Bialacki, Belarusian oppositionist and human rights defender
- Prosecutor Anna Adamiak as a referee of the case in the Department of abroad Cooperation examined the request of the Belarusian side and - despite the negative opinion of the territory lawyer in Warsaw - directed him to implement
- The work of the Department of abroad Cooperation was supervised by Deputy lawyer General of Prosecutor Marzena Kowalska
- On August 4, 2011, Aleś Bialacki was arrested on the charge of "evading the payment of taxes, collection in peculiarly large sizes". The basis of the arrest was information about bank accounts, which was provided by Belarus Polish Prosecutor-General
- On November 24, 2011, Aleś Bialacki was sentenced to 4.5 years of high-security penal colony and to property confiscation
- In 2016, lawyer General Zbigniew Ziobro demoted prosecutor Anna Adamiak and Marzena Kowalska moving them to positions in the lower-level prosecutors
- In 2022 Aleś Białacki was awarded the Nobel Peace Prize
- In January 2024, Prosecutor Marzena Kowalski was illegally promoted to the National Prosecutor's Office
- In March 2024, Prosecutor Marzena Kowalska signed a decision to search Zbigniew Ziobry's house
- The search took place (in the circumstances described at the beginning of the text), although the decisions of the defective prosecutor Marzena Kowalski have no legal power.
So, as a consequence of the chronologically presented events, can it be assumed that Zbigniew Ziobro will be nominated for the Nobel Peace Prize? I do not know that, but thanks to the decision of the prosecutor Marzena Kowalska and as a consequence of specified a search, Zbigniew Ziobro will find an honorable place on the pages of painful Polish history.
Mr Bogdan











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