Warsaw prosecutors discontinue ‘two towers’ investigation; Jarosław Kaczyński questioned as witness, no criminal offence found

The discontinuation decision

Prosecutor Małgorzata Szeroczyńska, who took over the case in August 2025, concluded that none of the required legal elements of fraud under Article 286 of the Penal Code had been proven. The 63-page ruling was described by spokesperson Piotr Skiba as “very well justified”, though details will not be disclosed until a German translation is obtained, expected in the second half of July 2026.

Due to the volume of the decision to discontinue the investigation, which amounts to 63 pages, the case referent decided that at this stage we will not inform more broadly about the details of the ruling.

Background of the case

The case first emerged in 2019, when Birgfellner, represented by lawyers Roman Giertych and Jacek Dubois, alleged that he had been induced to incur substantial costs while preparing a twin-tower development on a Warsaw plot owned by Srebrna. In 2020 prosecutors initially refused to open an investigation, and a court upheld that decision. However, after the change of government, the Warsaw District Prosecutor’s Office formally opened the investigation on 10 February 2025, under prosecutor Ewa Wrzosek.

Key figures and the death of Barbara Skrzypek

One of the first witnesses was Barbara Skrzypek, a long-time associate of PiS leader Jarosław Kaczyński. She was questioned for five hours on 12 March 2025, without her lawyer present, and died three days later on 15 March 2025. The investigation into her death was later discontinued, though the episode fuelled fierce political reactions.

The ‘two towers’ case has been discontinued... But nothing will bring back the life of the late Barbara Skrzypek, who suffered a heart attack after being questioned by Ewa Wrzosek.

Kaczyński himself was questioned as a witness on 10 June 2026, a step that legal commentators pointed to as a clear signal that the prosecutor intended to close the case. In total, 38 witnesses were heard during the investigation.

Reactions and tensions within the prosecution

The discontinuation drew sharp political commentary. PiS figures described the case as a political spectacle, while Birgfellner’s legal team announced an appeal. Lawyer Bartosz Lewandowski argued that the outcome had been predictable from the start.

For any lawyer who knows criminal law, and deals with these cases, the case rather indicated from the very beginning that it would be discontinued.

Amid the fallout, some observers noted an ongoing conflict between National Prosecutor Dariusz Korneluk and Prosecutor General Waldemar Żurek, framing the case as one front in a wider struggle for influence inside the prosecution service.

Timeline of key events