Comment by KptMarchewa
3 years ago
>This case is investigated by Central Anti-Corruption Bureau in Poland but I doubt it'll do much harm to Newag. The Office of Rail Transport of Poland that would spam rail company with complaints and orders for a small mistake in train schedule washed it's hands from intervening in this case and train purchases have highly regulated tender process and very little wiggle room for rail companies.
It's clearly a crime of sabotage under Art. 254a kk. Tender process does not matter in this case. We just need a competent prosecutor.
https://sip.lex.pl/akty-prawne/dzu-dziennik-ustaw/kodeks-kar...
Being a 40+ year old Pole I am yet to see a single case of corruption in public sector be prosecuted.
Maciej Zalewski (a co-creator of Kaczyński's first party - Porozumienie Centrum) remains the only high-level politician I know of in Poland that was sentenced for corruption and actually went to jail.
https://pl.wikipedia.org/wiki/Maciej_Zalewski_(filolog)
He warned Bagsik and co. (who stole millions of public money through the famous Art-B company and escaped to Israel) that the police wants to imprison them - so they managed to escape. Bagsik later confirmed that they shared some of that money with Porozumienie Centrum's business named Telegraf. Somehow only the less important guy (Zalewski) went to jail, but Kaczyński brothers weren't prosecuted.
But there's a lot of low level corruption that is exposed, it's just usually ignored by country-wide media, because that corruption is local. For one example: https://samorzad.pap.pl/kategoria/prawo/prawomocny-wyrok-byl...
> but Kaczyński brothers weren't prosecuted.
Is there any indicator they should have been in this case?
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I haven't seen any evidence of corruption here - just pure malice and monopolistic behavior.
There is corruption everywhere (though obviously not uniformly distributed). It requires active, dynamic efforts to counteract. If you don't see some evidence of successful prosecution, that itself is informative.
The corruption would be if this is not punished. By for example Newag getting a massive fine.
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I think that there are two separate issues here:
1. train manufacturer bricking trains - malice and monopolism as you say
2. prosecutors failing to bring court cases and convictions for train manufacturers - incompetence or more likely corruption.
It might be different if you manage to get your competitor fined 500k
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Having read only that kk article, I'm not certain if trains are considered parts of the infrastructure?
It works for train vandalism - why wouldn't it work on industrial scale?
For example, someone stole active train parts: https://orzeczenia.gdansk-poludnie.sr.gov.pl/content/$N/1510...
I don't know, that's why I asked--for me "infrastructure" sounds like the immovable parts. Similarly to road infrastructure, which doesn't include cars. But it's just my armchair impression, I have no idea how the law works in this context.
I quickly scanned the sentence you linked to, and art. 254a seems to be applied only to the theft of wires from tracks? Or am I missing something?
I've tried googling "infrastruktura kolejowa", and it seems that Ustawa o transporcie kolejowym defines it in art. 4.1, referencing Appendix 1. And that Appendix only lists immovable stuff. But again, I'm not a lawyer and I'm aware that definitions from one act often don't apply to a different act, in different branch of law.
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