President of the Constitutional Tribunal Bogdan Święczkowski has addressed a forceful letter to Prosecutor General Adam Bodnar regarding the ongoing investigation into an alleged coup attempt. In it, Święczkowski demands that all procedural steps be carried out exclusively by “legally appointed Deputy Prosecutors General.”
Investigation into Alleged Coup
On Wednesday, the spokesperson for the Prosecutor General, Anna Adamiak, announced that Prosecutor Dariusz Korneluk had forwarded Bogdan Święczkowski’s notification of a suspected coup attempt to the District Prosecutor’s Office in Warsaw. According to Adamiak, the goal was for the office to review and possibly proceed with the investigation.
However, in a letter dated February 26, 2025, Święczkowski criticizes this decision. He insists that only “legally appointed” Deputy Prosecutors General can conduct the probe—specifically referring to Deputy Prosecutor General for Organized Crime and Corruption Beata Marczak, after Bodnar allegedly suspended Deputy Prosecutor General Michał Ostrowski.
“I demand…” – Święczkowski’s Key Demands
“I demand, on the basis of Article 9 § 2 of the Code of Criminal Procedure, that all procedural steps in the indicated investigation be taken exclusively by legally appointed Deputy Prosecutors General,” writes Święczkowski in his letter. He underscores that the case in question was initiated on February 5, 2025, by Deputy Prosecutor General Michał Ostrowski, who is now, in Święczkowski’s view, “unlawfully suspended.”
Święczkowski further argues that both Adam Bodnar, as Minister of Justice and Prosecutor General, and Dariusz Korneluk fall within the circle of individuals under suspicion in the investigation. Citing that fact, he maintains they should be excluded from taking any procedural actions in the case.
Allegations of Unlawful Appointments
The President of the Constitutional Tribunal also criticizes personnel changes in the prosecutorial system, claiming they were executed illegally after December 13, 2023. He contends that the appointment of Dariusz Korneluk as National Prosecutor (Prokurator Krajowy) was “unlawful,” pointing to Dariusz Barski as the legitimate holder of that position.
“Changes made in the National Prosecutor’s Office after December 13, 2023—particularly removing the duly appointed Dariusz Barski from the position of National Prosecutor and installing Dariusz Korneluk in his place—were carried out in violation of the law,” Święczkowski states. According to him, since Korneluk lacks legitimate authority, any moves he makes—such as forwarding the case to the District Prosecutor’s Office—could be deemed part of the suspected unlawful activity referenced in the original notification of an attempted coup.
Call for Proper Jurisdiction
Święczkowski concludes by insisting that, given “the gravity of the case and the circle of those suspected,” it must be investigated by the prosecutorial branch dealing with organized crime. More specifically, he wants Deputy Prosecutor General for Organized Crime and Corruption Beata Marczak to lead the probe, emphasizing that only individuals appointed before December 13, 2023, should conduct any procedural steps.
This latest development adds another layer of complexity to an already high-stakes investigation. It underscores ongoing disputes over legitimacy within Poland’s top judicial and prosecutorial bodies, setting the stage for a potentially contentious legal and constitutional showdown in the weeks and months ahead.