In the evening, the guest of the TVN24 channel was the Deputy Minister of Climate Miloš Motyka. The politician of the Polish People's Party was asked by the way. About today Decision of the Constitutional Tribunal Regarding the National Prosecutor's Office.
– The decision of the Constitutional Tribunal shows how urgently it acts regarding the issues of PiS. Importantly, Judge Pavlovich appreciates the regulations laid down by Deputy Pavlovich. They want to continue creating a clique that organizes the justice system at the behest of the party, said the PSL MP.
Motyka: An outrageous comparison
Motyka also commented President Duda's speech After the meeting with Prime Minister Tusk, which was held today in the presidential palace at the initiative of the head of the government. The main topic of conversation was Poland's policy towards the war in Ukraine and state security. The president also raised the issue of jailing convicted PiS politicians.
– After what President Duda says and does, we can only expect the worst. Let him show letters from citizens refusing to pardon colleagues in a similar situation. Why does citizen Kaminsky have different rights according to the president? – asked the deputy minister.
– Messrs. Vasik and Kaminski were tried by the court in Free Poland for abuse of power. President Andrzej Duda's comparison of their actions to political prisoners in Belarus is a scandal, he said, pointing to PiS rhetoric referring to former CBA leaders as “political prisoners”.
Representatives of the group argue that the presidential pardon was legally effective, so the court could not convict Vesik and Kaminski.
Controversy about pardons
In the case of PiS politicians, we are dealing with a dispute about the effectiveness of the act of grace from two different positions. In 2015, Andrzej Duda applied the amnesty law against them (according to Article 139 of the Constitution of the Republic of Poland). The president did this after a non-final verdict (ie, in accordance with the principle of the presumption of innocence of still innocent people). The dispute concerns whether the president can pardon someone who has not been convicted by a final sentence.
Then, in March 2015, the court of first instance sentenced Kaminski and Vesik to prison terms. In May 2017, the Supreme Court (in a 7-judge decision) took the position that the amnesty law cannot be applied to wrongfully convicted persons. More than eight years later, the case is back in court following the Supreme Court's June ruling. Following cassation appeals filed by assistant prosecutors, the Supreme Court in the Criminal Chamber overturned in March 2016 the dismissal of the former CBA leaders' case in response to the amnesty law used by President Duda by the Warsaw District Court. Re-examination case.
In December 2023, the decision was issued in the second instance. On January 10, the convicts were transferred to prisons to serve their sentences. Both politicians said that they are on hunger strike and are demanding to be released from prison. The President announced this on January 11, 2023 He starts the pardon procedure According to Article 568 of the Code of Criminal Procedure. At the same time, President Duda maintains his position that the 2015 pardon was legally binding.
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(tags translated) miłosz motyka