– The President commits a constitutional crime, violates Article 45 of the Constitution and automatically deprives the accused of the right to trial – said Judge Wojciech Hermelinski, speaking about the amnesty law applied to Maciej Vesic and Mariusz Kaminski. In an interview with Polsat News, the former chairman of the National Election Commission also said that in Poland we have a “broken justice system”.
The legal chaos continues in the case of the former ministers of the “United Rightists”. Chamber of Extraordinary Control and Public Relations of the Supreme Court annulled the decision of the Speaker of the Seimas, Shimon Holavnia Regarding the announcement of the expiration of mandates Politicians of law and justice. The problem remains whether the House has the power to do so. its legality does not recognize Among them, the Court of Justice of the European Union, which notes in its decision that the Chamber is not “independent and impartial”.
Immunity of PiS MPs. The verdict is out
The case concerns the former head of the CBA, the coordinator of the secret services and the Ministry of Internal Affairs, and the head of administration in the PiS government. Mariusz Kaminski and his former deputy Maciej Wąsik. The politicians were sentenced to two years Absolute imprisonment for his actions e. Land scandal. Eight years earlier they had succeeded Avoid prison because before the judgment becomes final, The president pardoned them Andrzej Duda. On this issue, there is still a legal dispute about the possibility of using the prerogative of the head of state against the persons subject to the decision. did not make it effective.
look: Blocked cards of M. Wąsik and M. Kamiński. The Chief of Marshal's Office explains
In an interview with Polsat News, the retired judge of the Constitutional Tribunal and the former chairman of the National Election Commission Wojciech Hermelinski stated that we have a case in this case Deprivation of the right to a fair and public hearing Consideration of the case without undue delay Proper, independentAn impartial and independent court.
Video: Judge Wojciech Hermelinski in an interview with Polsat News
– If the president intervenes During the trialWhen the process is going on and he wants to pardon the accused deprives them of the right to go to court. That's what art says. Article 45 of the Constitution of the Republic of Poland – noted the former chairman of the National Election Commission.
“Constitutional offense”. W. Hermeliński on the applied law of grace
A retired judge of the Constitutional Tribunal said in an interview with Polsat News that the president had committed a “constitutional offense”. Violation of the article of the Constitution, we are talking about a fair trial. – in violation of this provision, automatically confiscates the accused The right to go to court – he added.
Wojciech Hermelinski recognized that the law of grace Inadmissible during ongoing court proceedings. – The president claims that this law is valid, but I think not. Many lawyers and constitutionalists are of this opinion, explained the judge.
– Law and Justice for eight years perverted and destroyed the justice system. We have a case double standard We have dual judges, dual courts, dual public functions. There is a case very simple but through Destruction of the justice system caused what is happening now – said the former chairman of the National Election Commission.