President Andrzej Duda announced this on Thursday He starts the pardon procedure Against the former heads of CBA, Mariusz Kaminski and Maciej Wasik.
– My act of pardon in 2015 was legal. Nevertheless, today the gentlemen are in prison and their lives are in danger every day. Therefore, at the request of the wives of Mariusz Kaminski and Macie Wasik, I decided to start the pardon process. This will be a presidential process, absolutely in accordance with all constitutional standards, the president said.
He referred to Art. Under Article 568 of the Code of Criminal Procedure and asked Prosecutor General Adam Bodnar to release both PiS politicians from prison for the duration of the pardon process.
What does the president's decision mean regarding Kaminski and Vesik?
The procedure stipulated by the Criminal Procedure Code stipulates that the pardon request addressed to the President will be forwarded to the Prosecutor General for consideration. After rendering the conclusion, the court must transfer the case to the first instance to consider this case. The court must consider the request within two months of receiving it.
The regulation states that if “particularly important reasons” support clemency, especially when it is justified by a short sentence, the sentencing court and the attorney general may suspend the execution of the sentence or order a suspension of the sentence. Enforcement pending completion of the pardon process.
But are there “particularly important reasons” in the Kaminski and Vesik case that the courts and the PG can take into account?
Dr. Sofinski: This is not a new pardon
“President Andrzej Duda today no longer pardoned MPs Vesik and Kaminski. The President maintained his position regarding the effectiveness of the pardon act as his exclusive prerogative. (…) This is an important chess move. It shifts the responsibility. From the Palace to the Prosecutor General who has to start the case in the office The ball is now in Adam Bodnar's court,” wrote Dr. Michal Sopinski, rector of the Warsaw Academy of Justice, on the X website.
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“Thus, the president transfers further responsibility for the development of events to the government, forcing Donald Tusk to make de facto political decisions regarding the immediate legal fate of Kaminski and Vesic,” writes Tomasz Pietriga in Rzeczpospolita.
The journalist notes that “theoretically, the pardon procedure may take many months, and before that the former heads of the SBA may remain in prison or leave it.”
Will PiS politicians regain their parliamentary mandates?
Experts quoted by “Rz” agree that Kaminsky and Vesik can regain their freedom, but not their parliamentary mandates. They were extinguished by the Speaker of the Seimas, Shimon Holounya. Two chambers of the Supreme Court (Extraordinary Control and Labor) issued two contradictory decisions on this case.
Kaminski and Vesik remained Tuesday evening They were arrested in the presidential palace, where they stayed at the invitation of the president. PiS politicians were first taken to the police station at ul. Grenadiers, and then in Grokhov's advance division.
On Wednesday, they were transferred to other prisons – Kaminski prison in Radom and Vesik in the town of Przytuli Stare near Ostrolenka. Before that, both politicians started a hunger strike.
Also read:
Trzaskovsky on the President's decision: the situation is tragic and a bit grotesqueAlso read:
Prof. Mišlek: The current government has crossed the Rubicon. We will all pay the price for this
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