I will provide the files of Marusz Kamiński and Maciej Wąsik with my position in a few days, and then it will be up to the president what he will do with them – said the head of the Ministry of Justice and Attorney General Adam Bodnar on Monday when he told him was asked about the pardon procedure in this case.
On December 20, 2023, the Warsaw court sentenced Kamiński and Wąsik to two years in prison. Last week, police arrested Kamiński and Wąsik, and later they were sent to prison.
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Pardon procedure
On Thursday, President Andrzej Duda announced the start of a pardon procedure, based on the Code of Criminal Procedure, against both convicts. On Friday, Bodnar confirmed that he had received the president’s letter about Kamiński and Wąsik and initiated clemency proceedings under the Code of Criminal Procedure.
On Monday, when asked about this procedure on TVN24, Bodnar said that he would look at Kamiński’s and Wąsik’s files on Tuesday.
These are 38 volumes of public files and another 10-11 volumes of secret files, which I can read in the secret office.
– he said.
At the request of the President, and the President has expressed such a request, the Attorney General is required to initiate clemency proceedings, and I made such a decision on Friday. We have requested these files, they have been submitted to the National Public Prosecutor’s Office and the Attorney General must make his position on this matter known when providing these files
– said Bodnar.
When asked how long it would take, Bodnar said “a few days.”
This position is not a position that relates to the analysis of the entire case file, but rather to the area of the pardon procedure. I will hand over the files with the position, and then it will be up to the president what to do with them
– said Bodnar.
President Andrzej Duda also asked the Attorney General to suspend the execution of the sentence and release them from custody for the duration of the pardon proceedings.
It is one thing to initiate clemency proceedings, but another thing is for the Attorney General to order a pause in serving the sentence.
– notes the head of the Ministry of Justice, referring to the President’s call.
Minister of Keys
As Bodnar noted, “one of the commentators on the Code of Criminal Procedure said that this is possible, that is, a pause in the execution of the sentence when there is a good chance that a pardon will occur.”
And I’m not at all convinced that the president really wants to complete the whole procedure
– noted the minister.
As he said: “Let us theoretically imagine a situation in which I decide to suspend the execution of the sentence, after which the pardon procedure continues and the President extends the procedure, and it may be that with this extension we end the sentence will achieve.” the president’s term and then it will be much more difficult to make another decision to put an end to this breach in the execution of the sentence.”
The president still holds the instrument of pardon in his hands. He doesn’t need an attorney general for anything. If he wanted, he could grant a pardon tomorrow
– repeated the head of the Ministry of Justice.
In 2010, the Public Prosecutor’s Office in Rzeszów charged, among others: Kamiński and Wąsik for exceeding their powers, illegal operational activities of the CBA, forging documents and obtaining false certificates. According to the Prosecutor’s Office, the Bureau created a fictitious case of land deforestation due to bribery, even though it had no previous reliable information about the crime, and only this allows the services to launch a “controlled transfer of financial benefits” to the suspects. . For the purposes of the operation, the CBA – as the Public Prosecution Service noted – fabricated illegal documents, which were then submitted to be “pushed” through the Ministry of Agriculture. There were also alleged illegal wiretapping of people, including: in self-defense.
In March 2015, the Warsaw District Court-Śródmieście sentenced Kamiński and Wąsik at first instance to 3 years in prison, among other things. for exceeding the powers and illegal operational activities of the CBA. Two other former members of the CBA board were sentenced to prison terms of 2.5 years each. 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 last year. Subsequently, the Supreme Court of the Criminal Chamber, after cassation appeals filed by assistant prosecutors, annulled the termination of the case of the former heads of the CBA, which had been filed by the District Court in Warsaw in March 2016 in connection with President Duda’s request for clemency to the former heads of the CBA was unlawfully convicted and the case was referred to the Supreme Court for re-examination. The decision following this re-examination was pronounced by the Court of Appeal on December 20 last year.
Adam Bodnar offers increasingly strange explanations for his inaction towards Mariusz Kamiński and Maciej Wąsik. Talking about the lack of conviction as to whether the president “really wants to complete the entire procedure” is completely absurd.
gah/PAP
Source: wPolityce