The Prosecutor’s Office has presented charges against the former Deputy Minister of Justice, Michał Woś, for exceeding his powers and failing to fulfill his duties. The case relates to the allocation of PLN 25 million from the Justice Fund for the purchase of the “Pegasus” software for the Central Anti-Corruption Bureau (CBA).
Course of the Investigation
The investigation, conducted by the Prosecutor’s Office in connection with suspicions of irregularities in managing the Justice Fund, provided evidence enabling the presentation of charges against Michał Woś. On June 28th, the Sejm, at the request of the Prosecutor General Adam Bodnar, agreed to prosecute Woś criminally.
Details of Charges
The charges relate to the period from September to November 2017, when Woś, serving as Deputy Minister of Justice, allegedly entered into an agreement with the Head of the CBA to transfer funds from the Justice Fund amounting to PLN 25 million. These funds were intended for the purchase of “special technique devices”, including the “Pegasus” software. The problem highlighted by the prosecution is the fact that the CBA, according to law, should be funded from the state budget, not from funds originating from a targeted fund like the Justice Fund.
The exceeding of powers is alleged to have been manifested in ordering the payment of these funds, which was supposed to violate public interest, causing damage to the State Treasury and limiting the availability of funds for other entities that could use them in accordance with the regulations.
Legal Basis
Charges against Michał Woś are classified from Art. 231 § 1 and 2 of the penal code, which refers to exceeding the powers by a public official, and from Art. 296 § 3 of the penal code, which relates to causing property damage on a large scale. This carries a penalty of up to 10 years of imprisonment.
Evidence and Interrogations
The Prosecutor’s Office justifies its accusations based on the evidence, which includes documents secured in the Ministry of Justice and the CBA, as well as the results of the Supreme Audit Office regarding the implementation of the state budget for 2017. Evidence also includes explanations from other people involved in the case and findings from the Chief Public Finance Discipline Spokesperson.
Michał Woś was interrogated as a suspect and provided extensive explanations, but did not admit to the alleged act.
Preventive Measure
To ensure the proper course of the proceedings, the Prosecutor’s Office applied a preventive measure against Michał Woś in the form of police supervision. Woś is required to show up twice a month at the police station and to inform about any trips. In addition, he was prohibited from contacting certain people associated with the case. This decision can be appealed.
This case may represent a significant precedent in terms of holding high-ranking state officials accountable and the transparency of public funds expenditure.
Source: https://managerplus.pl/prokuratura-przedstawia-zarzuty-michalowi-wosiowi-w-zwiazku-z-nieprawidlowosciami-przy-zakupie-pegasusa-77646