No possibility of filing an appeal against a public prosecutor’s decision on the use of operational surveillance material in proceedings concerning another criminal offence SK 58/22
Ref. No. SK 58/22
JUDGMENT
IN THE NAME OF THE REPUBLIC OF POLAND
Warsaw, 23 October 2024
The Constitutional Tribunal, composed of:
Rafał Wojciechowski – Presiding Judge
Zbigniew Jędrzejewski
Justyn Piskorski
Jarosław Wyrembak
Andrzej Zielonacki – Judge Rapporteur,
Recording Clerk – Michał Rylski,
having considered, at the hearing on 23 October 2024 – in the presence of the complainant – Mr P. D.’s constitutional complaint lodged with the Constitutional Tribunal to examine the conformity of:
Article 459(2) in conjunction with Article 168b of the Criminal Procedure Code of 6 June 1997 (Journal of Laws – Dz. U. No. 89, item 555, as amended) – “insofar as the challenged norm does not provide for the suspect’s right to file an appeal against the public prosecutor’s decision to use, in criminal proceedings, the evidence of the commission of a criminal offence committed by a person subjected to operational surveillance, where the offence in question was other than the one indicated in the operational surveillance order, or was committed by a person other than the one indicated in the said order”, to:
(a) Article 45(1), Article 77(2) as well as Article 78 in conjunction with Article 176(1), Article 31(3) and Article 2 of the Constitution of the Republic of Poland;
(b) Article 78 in conjunction with Article 32(1) of the Constitution;
adjudicates as follows:
Article 459(2) of the Criminal Procedure Code of 6 June 1997 (Journal of Laws – Dz. U. of 2024, item 37, as amended) – insofar as it does not provide for an appeal against the public prosecutor’s decision issued on the basis of Article 168b of the said Code – is inconsistent with Article 78 in conjunction with Article 45(1), Article 77(2) and Article 31(3) of the Constitution of the Republic of Poland.
Moreover, the Tribunal decides:
to discontinue the proceedings as to the remainder.
The ruling was unanimous.
Rafał Wojciechowski
Zbigniew Jędrzejewski
Justyn Piskorski
Jarosław Wyrembak
Andrzej Zielonacki