The turn of 2023/24 clearly marks the beginning of the formal collapse of Montesquieu's fiction of the separation of powers. Recent events undoubtedly confirm the existence of a close alliance of some judges with the current government, which until recently called itself a totalitarian opposition.
CTrue, the first clear signs of this unity were observed in 2014, when the president of the Gdańsk District Court Rissard Milewski He was very helpful to the man who claimed to be the emissary of the then and current Prime Minister. However, it was later revealed that it was just a journalistic provocation.
Of course, according to American standards. In Poland, the angry “top caste” sentenced the journalist to some kind of punishment, because the revelation of the serbia of its most famous representatives is, after all, a modern version. crimen laesae maistatis (crime of lese majeste). Milewski was transferred to Bialystok, where he is slowly recovering his career.
However, the real test for the opposition-judge alliance was the ministerial issue Mariusz Kaminski and Maciej Wąsik.
As we remember, their court of first instance called the so-called land scandal. The justification for the decision was given to media publicity to publicize as widely as possible the alleged illegality of PiS officers in 2005-2007.
PAD applied the law of grace. And although, by so-called peasant reasoning, such a right applies only to criminals, and such men are guilty only after final conviction, yet the flaw in such reasoning can be seen a mile off.
“Peasant reason” was simply mixed with “legal reasoning” resulting in ludicrous conclusions.
Eventually, it got to the point where some judges who had long ago been appointed to higher posts decided that judges, as the best caste, were superior to the President and issued a decree that there was no presidential prerogative. eyes of the law. What is more important is the law… as they understand it. and the Code of Criminal Procedure and no other Constitution…
And it went downhill from there.
Conviction in the second instance, of course by chance the chairman was a member JusticeQuickly the enforcement department in the district court, where the case happened to be “heard” by another member. Justice And go to hell quickly.
It's weird, isn't it? I personally know the case of a man who was convicted at the age of 19 and put in prison at the age of 23, and he did not hide it at all, he waited patiently… Z.K. vacant place.
That is why the case of Vasik and Kaminski reminds me of the so-called enforcement proceedings. Mandate issues.
In 100% of cases known to me, the bailiff who had to collect the fine was limited to calling the debtor's office and giving an explanation or payment.
And that's it. When the culprit did not come forward, the enforcement department took immediate action. The fine was changed to arrest, the police took the convict and…
And then the circus began. Because the family suddenly found money, the criminal spent several hours in the pit of the police station, or in a special room outside the nearest prison gate. It took about that long to deposit the money in the post office or deposit it in the accounting department of the local prison.
The only unlucky ones were captured on Saturday as they stayed in the pit until Monday.
Pushing for a quick closure of Vasik and Kaminsky is nothing more than an attempt to put pressure on the president.
He just needs to publicly admit his ignorance of the law, especially the Constitution, and humbly acquit both men.
Then the race will begin with the judges of the Constitutional Tribunal previously chosen by the PO-PSL (the so-called Court prerequisite), National Council of Justice, etc. And all this is reinforced by Duda's rebuke about what a bad lawyer he is, especially his. Bosch complained advisors.
As the story described above reaches the sandbox, I reasonably expect that the person responsible for its development is Giertych, Poland's longest-serving lawyer, who has recently been increasingly referred to as Giertusk and in the legal community simply… jade.
Nevertheless, both men were arrested at the presidential palace. The president's intervention was also thwarted by blocking public bus travel from the Belvedere.
So we have open rebellion.
This is not about democracy.
This side has long ceased to care about appearances or, contrary to the propaganda spread by the Polish-language media, Tusk does not have the people to do the work they have planned. And what Brussels got.
Let's see.
The verdict in the second instance was delivered individually by a lady belonging to justice.
A certain judge of the Warsaw District Court was immediately put in their prison Thomas TrebskyJustice activist, son of the deceased, 2016 ZofiaWarsaw adviser from PO, friend and long-time director of the Parliamentary Office Markin KirwinskiActing Minister of Internal Affairs and Administration.
It looks like this.
An old truth drilled into the heads of Secret Service adepts is:
Whenever (in case) Coincidence happens more than twice, it is not a coincidence.
9/02023
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Ps. But what can be done to rub the nose? Fry the riceDo some Toga members support it?
However, nothing prevents the PAD from issuing the act of mercy, in the justification of which he quoted extensively the contents of the already published, the opinions of the jurists of recognized authority in the world in the same position and contradicted their statements to the authors. The famous decision of the Supreme Court, which has an extremely political character. And he recognized the new act of grace as an element in the fight against judicial rebellion and attempts to overthrow the state.
Have fun on the holoony, etc. The act of grace must also include the removal of the conviction.
This does not follow directly from the Constitution of the Republic of Poland, as it does not specify the subject of the right to pardon, but only excludes expressis verbis from pardoning persons convicted by a state tribunal (Article 139 of the Constitution). Republic of Poland) and therefore it is not possible for these persons to be deleted under this procedure. The removal of a conviction through a pardon is justified by the fact that the consequences of a conviction are the public legal consequences of the conviction, considering them “as an 'extension' of the sentence and even. as an additional disease arising out of the adjudication which arises apart from the sanction applied' and also follows from them a fortiori reasoning, asserting that Since the act of pardon can completely remove the sentence imposed, this procedure makes it even more possible to treat the offender as a person who has not been punished by law.
(Dr. P. Rogozinsky, The Institution of Pardons in Polish LawOficyna 2009, p. 225–226)
In addition, there was an act of grace ex tuncThat is, with a reversible action.
I'm afraid that such a solution would not only exceed the understanding of a high school graduate of Holovnia, but also of law graduates Giertich and Budka. 😉