Despite President Andrzej Duda’s call, Sejm Chairman Szymon Hołownia announced that “as soon as” he will sign decisions to end the mandates of PiS MPs: Mariusz Kamiński and Maciej Wąsik. At the same time, he was so “gracious” that he declared that he would respond to the letter from the head of state. “In the system of state organs, there is no body that would have the power to revoke or change the decision of the head of state regarding the application of the law of pardon,” Andrzej Duda emphasized in a letter to the marshal.
READ ALSO: Kamiński and Wąsik. The president disagrees with the court’s ruling! ‘There are no reasons to let the mandate expire’
“I have no interest in ending the mandates.”
Yesterday, the Warsaw court, ruling at second instance, imposed two years in prison on Mariusz Kamiński and Maciej Wąsik, and one year in prison on the other two former heads of the CBA for operational activities during the “land scandal”.
Hołownia informed journalists in the Sejm that the letter about PiS politicians is ready.
Most likely I will sign them shortly, both resolutions on the expiry of the mandates of MPs Wąsik and Kamiński
– he said.
A separate letter will also be attached in which I call on them not to carry out the duties arising from the mandate until the appeal process has been completed by the Supreme Court.
– he pointed out.
He added that he would send letters to both politicians and that they would have three days from the time of receipt to appeal to the Supreme Court with protest.
When asked whether mandates do not expire automatically, the President of the Sejm replied:
This is a very serious legal dispute. We, the Legislative Office of the Sejm, and all the lawyers supporting us in assessing this situation, believe that these mandates have already expired.
– added.
I have no interest in ending the mandates of parliamentarians, because this is never in the interest of the President of the Sejm.
– emphasized Hołownia.
People got votes from voters, but we have to say that dura lex, sed lex is a harsh law, but a law. If someone has been convicted by final court decision under the Electoral Act, art. 11 and 247, I can make no other decision than to establish the fact. This concerns a declaratory action, which means that these mandates have expired at the time this judgment was delivered. I officially confirm this fact
– he made a reservation.
““I Disagree With Mr. President”
The conversation referred to President Andrzej Duda’s letter to the Chairman of the Sejm, in which he writes that due to the application of the pardon law to Mariusz Kamiński and Maciej Wąsik, there is no reason for their mandates to expire.
Hołownia admitted that he had read this letter.
I disagree with Mr. President. I will respond to this letter today in a polite and very specific manner, noting that my action is an official, declaratory act.
– he said.
If I did not take this action, I would be criminally liable, and I have no intention of exposing myself to that
– he declared.
It is described clearly and very simply: the Marshal of the Sejm confirms the expiry of the mandate, it does not automatically expire on his own initiative, he confirms that something has taken place – like a notary confirms a fact that has happened
– he explained.
The case of the former heads of the CBA has a history of almost ten years. In March 2015, the Warsaw-Śródmieście District Court sentenced the former heads of the CBA, Mariusz Kamiński and Maciej Wąsik, at first instance to 3 years in prison, among other things. for exceeding the powers and illegal operational activities of the CBA during the “land scandal” in 2007. Two other former members of the CBA board were sentenced to 2.5 years in prison. Kamiński then said that the verdict “violates the fundamental sense of justice, is bizarre, extremely unjust and incomprehensible.”
The case was brought up again after more than eight years in connection with the Supreme Court’s ruling in June. Early June this year. The Supreme Court of the Criminal Chamber overturned the termination of the case of the former heads of the CBA, which was filed by the Warsaw District Court in March 2016 in connection with the pardon law used by President Andrzej Duda against the former heads of the CBA, who were not legally convicted and referred the case to the Supreme Court for reconsideration.
The President’s Position
President Andrzej Duda sent a letter to the Chairman of the Sejm, Szymon Hołownia, in which he emphasized that “as a result of the application of the law of pardon to Mr. Mariusz Kamiński and Mr. Maciej Wąsik, there are no reasons to terminate the mandate To let expire. .”
The head of state cited several arguments justifying this position.
The Constitutional Court categorically stated that the right to pardon may take the form of an individual amnesty – the release of a lawfully convicted person from serving the imposed sentence (act of pardon in the strict sense) or an individual amnesty – withdrawal from the prosecution of the suspected perpetrator (who is formally innocent until a final judgment is made). In other words, an act of clemency in the strict sense involves a legally imposed punishment, while an act of amnesty constitutes a barrier to its imposition. […] (judgment of the Constitutional Court of 17 July 2018, ref. no. K 9/17)
– emphasized the president.
In the system of state organs, there is no body that would have the power to revoke or modify the decision of the Head of State regarding the application of the law of pardon. The Constitution clearly states that “the President shall exercise the right of pardon,” and a change of his decision by any other entity would, in any way, constitute an illegal interference with the exercise of this right, which belongs exclusively to the belongs to the president. of the Republic of Poland.
– he recalled in the letter.
Andrzej Duda today expressed his position on the court’s ruling in the case of Mariusz Kamiński and Maciej Wąsik in an interview for Radio Zet.
I absolutely disagree with the court’s decision. I believe this is a complete violation of constitutional norms
– he said.
He also noted that the act of mercy “cannot be revoked by any judicial decision.”
What does Marshal Hołownia want to prove and to whom by ignoring the position of the Head of State, but at the same time ensuring that he will respond to Andrzej Duda’s letter? That he is a great “benefactor” or that all stories about the “Government of National Harmony” and “smiling Poland” can be thrown to the edge of the table, to say the least, louder?
READ ALSO: The President on the Kamiński and Wąsik case: The pardon was granted in accordance with the law, which was confirmed by the Constitutional Court and is still in force
aja/PAP, dziennik.pl, X
Source: wPolityce