President Andrzej Duda has repeatedly said that he validly pardoned Mariusz Kamiński and Maciej Wąsik once and that he will not pardon them a second time; If anyone tries to put them in jail, they risk being held responsible, Marcin Mastalerek, head of the president’s office, told TV Trwam.
Important Supreme Court decision on Wąsik’s parliamentary mandate!
On Wednesday, the Chamber of Labor and Social Security of the Supreme Court received appeals from Maciej Wąsik and Mariusz Kamiński against the Marshal’s decision to terminate their mandate, sent by the Chairman of the Sejm, Szymon Hołownia. Jury panels and closed hearing dates were appointed for both cases on January 10 this year.
On Thursday morning, the Labor Chamber of the Supreme Court, regarding Wąsik’s appeal, issued a decision by the judge assigned to the case to transfer the case to the Chamber of Extraordinary Scrutiny of the Supreme Court. It was then reported early on Thursday afternoon that the Supreme Court’s Extraordinary Control Chamber had revoked the Sejm Speaker’s decision to terminate the mandate of MP Maciej Wąsik. This information was first reported by the wPolityce.pl portal.
The President of the Criminal Chamber of the Supreme Court, Judge Zbigniew Kapiński, replacing the absent First President of the Supreme Court, decided that the Chamber for Extraordinary Control and Public Affairs of the Supreme Court had jurisdiction to hear the appeal against the expiry of the term of Mariusz to treat. Kamiński’s mandate – the Supreme Court press team informed PAP on Thursday.
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“There are attempts to undermine the president’s prerogatives.”
When asked about this issue on TV Trwam, Mastalerek said there was a huge confusion here that should never have happened.
First of all, there are attempts to undermine the president’s prerogatives, because the president pardoned Mariusz Kamiński and Maciej Wąsik, who fought against corruption, in a textbook manner.
– said the head of the President’s office.
He pointed out that the President can exercise the right of pardon in any crime or misdemeanor, even before final conviction.
When asked whether the Marshal of the Sejm, Szymon Hołownia, who allowed the parliamentary mandates of Wąsik and Kamiński to expire on the basis of the final verdict a few weeks ago, could have done so or not, Mastalerek replied that “first of all, this court, according to the President, had no right to hear this case, because the President has the ability to pardon him at any time, even before the final judgment.
And the Constitutional Court has confirmed it three times and ruled three times
– added the head of the President’s office
But as he said: “I unfortunately treat this case as a symbol and a very bad signal to the officers who fight corruption.”
Because today everyone will think five times whether he wants to violate major political interests and fight corruption
– Mastalerek commented.
The head of the President’s Office also pointed out that on the one hand we have a situation “where Marshal Hołownia immediately expires in office – in our opinion – he had no right to do so, because they were legally pardoned, and on the other hand the other side, when it comes to Mr Włodzimierz Karpiński, who “he has been in detention for many months and now that he is taking over the position of Member of the European Parliament, Marshal Hołownia sees no problems.”
“He has validly pardoned once and will not pardon again.
When asked how President Andrzej Duda deals with the fact that all this is happening outside his decisions, Mastalerek replied that “the president acts alone and exclusively within the limits of the constitution, his powers and the law.”
And there is no other way to enforce this. He has legally pardoned them and if anyone does not respect this, in our opinion they are breaking the law.
– said the head of the President’s office.
When asked whether the President would pardon Kamiński and Wąsik again, Mastalerek said that “the President has repeatedly reiterated and confirmed that he has validly pardoned once and will not pardon again.
And if anyone tries to put them in prison, they risk being held responsible because they will be pardoned according to the President of the Republic of Poland, according to President Andrzej Duda and according to the Constitutional Court.
– noted the Head of the President’s Office.
Trial and pardon
In a statement on the Supreme Court’s website, the Supreme Court’s Extraordinary Control Chamber, which decided on Maciej Wąsik’s parliamentary mandate, ruled that the effects of a final and binding conviction were nullified by the application of the law of pardon; the validity or effectiveness of an act of mercy cannot be verified by either the Supreme Court or the Constitutional Court.
The Supreme Court stated that issuing a decision confirming the expiry of a deputy’s mandate was not possible due to the validity of the decision of the President of the Republic of Poland of November 16, 2015 on the application of the law of pardon, under in which there was “forgiveness and forgetting and abandonment of the proceedings”
– emphasized in a statement on the Supreme Court’s website.
The former head of the CBA and former Minister of the Interior Mariusz Kamiński and his former deputy Maciej Wąsik were convicted on December 20 this year. a final sentence of two years in prison in connection with the so-called land scandal. The Marshal of the Sejm, Szymon Hołownia, issued decisions on the expiry of the parliamentary mandates of Kamiński and Wąsik.
President Andrzej Duda had previously indicated in a letter to the Speaker of the Sejm that as a result of the application of the Law of Pardon in 2015 to Kamiński and Wąsik, who were subsequently unlawfully convicted by the Court of First Instance, there were no grounds for the expiry of their mandate.
READ MORE: The President Won’t Sign Another Pardon for Kamiński and Wąsik! ‘We will treat them as political prisoners’
olk/PAP
Source: wPolityce