Paweł Szrot, like many other politicians in the field of Law and Justice, referring to the case of MPs Mariusz Kamiński and Maciej Wąsik, recalled an excerpt from Prof. Stanislaw Waltoś. Dominika Wielowieyska, a journalist from Gazeta Wyborcza, spoke about this issue. “But are you aware that the textbook is not a source of law, but for the courts it is the Supreme Court resolution that has expressed its opinion on this issue?” she wrote, and received a quick response.
Prof. A joke about the law of grace
Recently, in the context of the case of Mariusz Kamiński and Maciej Wąsik, a certain excerpt from the professor’s textbook is often recalled. Stanisław Waltoś “Criminal Trial. “Outline of the System” for third-year law students:
The President may exercise the right of pardon in any crime or misdemeanor, even before final conviction
– said an eminent lawyer in his publication.
The quote is quoted, among others, by: PiS politicians, including the former head of the Cabinet of President Andrzej Duda, Paweł Szrot, member of the Sejm of the Republic of Poland since 2023.
Professors Waltoś and Gardocki against the future master Hołownia. This whole urge to put Maciej Wąsik and Mariusz Kamiński behind bars at all costs is already a sick obsession.
– he wrote on the X platform and retweeted the submission of MP Paweł Jabłoński
READ ALSO: When can the president exercise the power of pardon? An important part of the manual! Paweł Jabłoński: “The Bible of Criminal Procedure”
Wielowieyska ‘explains’ what the source of law is
Dominika Wielowieyska, a journalist from Gazeta Wyborcza, decided to speak out.
But are you aware that the textbook is not a source of law, but that for the courts it is the Supreme Court resolution that expresses its opinion on this matter? Moreover, PAD can pardon these politicians and then they will not go to prison. Everything is in the hands of the president
– she emphasized.
Opinions of excellent lawyers in textbooks are part of the so-called case law or legal doctrine that is very often referred to as the so-called a supplementary source of law, and they should certainly be an important interpretive guide. And translating from legal to Polish, when a judge rules directly against the opinion of experts like Prof. Waltoś and Gardocki, who would fail anyone who gave a different answer in the exam, turns this whole doctrine upside down. Courts can make mistakes, for example, a judge once imposed a 20-year prison sentence
– explained MP Szrot. For some reason, editor Wielowieyska has decided not to continue the discussion for the time being.
READ ALSO: ONLY WITH US. There was no request to the court to postpone the sentence! Maciej Wąsik: We won’t ask them for anything. We are not damned
Ajax
Source: wPolityce