The Warsaw-Śródmieście District Court decided not to accept the appeals of Mariusz Kaminski and Maciej Vesik. Refusal to initiate enforcement proceedings. At the same time, the judge decided to prepare statements to send both law and justice politicians to prison, where they face two years of imprisonment.
The Commissioner for Human Rights makes a speech
Both politicians and legal experts comment on the case of law and justice deputies. The ombudsman, Prof. Marcin Viacek. In his opinion, “the Constitution is quite clear in this respect” and indicates that a person convicted by a legally binding court verdict and deprived of public rights cannot be a member of the Parliament or sit in the Seimas.
– The Constitution clearly states: a member of the Parliament or a person convicted by a legally binding sentence of criminal prosecution by a public defendant; A person who has been deprived of public rights by a final court decision. Such a person does not have the right to vote, namely the right to vote, therefore he is not a deputy – he said on RMF FM.
The ombudsman noted that due to this interpretation of the provisions of the constitution, the parliamentary mandates of Kaminski and Vesic undoubtedly expired when the final decision of the criminal court was issued. He added that this is an effect that “is produced by the operation of the law and does not require the decision of any body.”
the law of grace
What about the amnesty law that President Andrzej Duda used for convicts in 2025? The Ombudsman emphasized that “the amnesty law cannot be applied retroactively and lead to the annulment of this decision.”
– Theoretically, the president can use the power of pardon in such a way as to pardon the punishment and cause the so-called Removal of conviction. So, in such a situation, the sentence is no longer served and the convicted person is removed from the national criminal registry and is no longer recorded in this registry as a convicted person, therefore the consequences of the conviction are eliminated,” he explained.
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