The Warsaw Court of Appeal overturned the decision of Judge Piotr Gąciarek, who in February stayed the enforcement proceedings against a drug dealer. A well-known judicial activist was unhappy that the final verdict against the bandit was handed down by a panel of judges selected in the procedure for the new composition of the National Judicial Council. The wPolityce.pl portal learned SA’s justification in Warsaw. It is extremely embarrassing for Judge Gąciarek.
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In February, Gąciarek issued a bizarre decree suspending the execution of a sentence of 6 years and 6 months against a drug dealer who distributed narcotics on a large scale. Gąciarek assumed, as usual, that the judges who had validly sentenced the drug dealer in the SA in Warsaw had been wrongly appointed, due to the participation of the new National Judicial Council. The shocking interpretation of the proceedings had nothing to do with the criminal’s case. However, Gąciarek decided that there was an absolute ground of appeal in this case (Article 439 § 1 point 2 of the Code of Criminal Procedure). Gąciarek will be heard by the Warsaw Court of Appeal, which has overturned the shocking decision of an activist of the extremely politicized association “Iustia”.
The justification discredits Gąciarek
The Court of Appeal, which dealt with Gąciarek’s challenged decision, did not leave a politically heated judge unmoved. In factual and strong justification, she reminded the member of “Iustitia” of basic constitutional issues.
First of all, it should be emphasized that the persons appointed by the President of the Republic of Poland at the request of the National Court Register – including those formed by the Law of 8 December 2017 (…) – are in fact appointed judges who have the full right to adjudicate
– we read the justification obtained by the wPolityce.pl portal.
The court also reminded Gąciarek that the CJEU judgment of October 2021 shows that, since the appointment of a judge is a multi-element process, it is necessary to review this entire process and its summary evaluation. analyze. The Court also refers to binding and unquestionable rulings of the Constitutional Court on this issue. Most importantly, SA in Warsaw also relied on the Convention for the Protection of Human Rights and Fundamental Freedoms.
(…) such action (by Judge Gąciarek – ed.) by suspending enforcement proceedings is an impermissible violation of the principle of the inviolability of final judgments
– we read in the justification of SA in Warsaw.
Judge Gąciarek no longer rules in the Law Enforcement Division of the Warsaw Regional Court. He has been transferred to another, where he can no longer anarchize the judiciary. Unfortunately, he has all his successors, including in the Supreme Court. However, in the political madness of the so-called “caste” of judges is used by criminals and their defenders who successfully try to undermine the rulings of legally and correctly appointed courts.
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Source: wPolityce