Biznes Fakty
The prosecutor's office spoke out on the issue of entry into the NBP headquarters
The prosecutor’s office is currently investigating the unauthorized disclosure of classified information by a member of the Monetary Policy Council, which is marked with the „secret” label regarding the confidential segment of the MPC meeting, as reported by the District Prosecutor’s Office in Warsaw. On Thursday, investigators, accompanied by police, visited the headquarters of the National Bank of Poland.
According to the National Bank of Poland, the prosecutor, with police support, requested and confiscated documents related to the Monetary Policy Council as part of the investigation. The bank stated that these actions were not in line with established protocols.
In response, the prosecutor’s office announced on Thursday that the NBP had previously declined to provide the necessary documentation on two separate occasions.
Investigation into the unauthorized disclosure of classified information
On Friday, related to the case, the District Prosecutor’s Office in Warsaw released a statement indicating that it involves the unauthorized disclosure of classified information marked as „secret” that occurred in the Radio Lublin studio in September 2023. The disclosed information pertained to the confidential part of the Council meeting. The notification regarding this matter was made by one of the MPC members.
The prosecutor’s office reported that the investigation was initiated following a court ruling that annulled a prior decision to deny the initiation of an inquiry.
„Throughout the proceedings, the prosecutor-referee made two requests to the National Bank of Poland for the issuance of documentation essential to establish the factual circumstances. The NBP refused to provide the requested documentation on both occasions,” the prosecutor’s office stated, adding that on Thursday, „the prosecutor, in accordance with Article 217 paragraph 1 of the Code of Criminal Procedure, formally seized the requested documents at the National Bank of Poland’s headquarters.”
According to the prosecutor’s office, the documentation was released voluntarily, and „none of the NBP staff raised objections regarding the minutes or questioned the correctness, justification, or legality of this action”. The actions taken by the prosecutor’s office were not intended to interfere with the bank’s operations.
„This position is not supported by applicable legal provisions”
The investigators also noted that in earlier correspondence denying the requested documentation, the director of the NBP legal department mentioned that certain documents requested were subject to the „restricted” secrecy clause, while others fell under professional secrecy. He also sought a decision to release these documents from confidentiality.
„This stance lacks support from the relevant legal provisions, as per Article 225 paragraph 1 of the Code of Criminal Procedure, bank employees are required to provide documents requested by the prosecutor, even if they contain classified or other legally protected information,” the prosecutor’s office reported. They asserted that „only after obtaining the documentation and evaluating its relevance as evidence in criminal proceedings can the issue of potential exemption from the secrecy of classified information or professional confidentiality be determined.”
„Regardless of the above, the prosecutor has the authority to request the presentation of files and documents, even those bound by confidentiality clauses, if it is necessary for the protection of the rule of law (Article 69 of the Act of 28 January 2016 – The Law on the Prosecutor’s Office), and it should be noted that the documentation obtained during procedural activities, at the time of the request for its release, was no longer bound by the confidentiality clause,” the prosecutor’s office informed.
NBP’s response to the prosecutor’s actions
The National Bank of Poland, in a statement on Thursday, argued that it is a „transparent institution operating within the framework of the law”. It further stated that „all requested documents have been prepared and will be made available in the proper form and manner”.
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„The actions taken by the Prosecutor’s Office were: disproportionate to their purpose and nature, inconsistent with the principles of procedural economy, and did not align with the standard procedures in similar cases,” the NBP emphasized and announced that it would notify the European Central Bank regarding this matter.
According to the Polish central bank, the documents that were seized are „subject to legally protected secrets associated with the operation of the Monetary Policy Council”.
