After the final judgment, the President could not apply the right to pardon to Mariusz Kamiński and Maciej Wąsik, which flowed directly from the Constitution; therefore, he decided to follow the procedure resulting from the Code of Criminal Procedure – KPRP Minister Małgorzata Paprocka said on Sunday.
Minister Paprocka was asked on Radio ZET on Sunday why the president – who had the opportunity to apply an act of clemency against PiS politicians who had been legally convicted in December last year, directly arising from Art. 139 of the Constitution – he did not abuse it.
Paprocka pointed out that in 2015 the president pardoned both former heads of the CBA and – as she said – “it was a pardon in the form of the so-called individual amnesty, not described in the Code of Criminal Procedure, solely on the basis of constitution.
However, no president has ever – and we have checked this very carefully – during the entire term of the Constitution (from 1997 – PAP) after making a final pronouncement, which we are currently dealing with – whether we recognize it or not because of the previous application of the law of pardon – (…) at such a time, when the sentence is final, the entire procedure is governed by the Code of Criminal Procedure
– she said.
She emphasized that she was deeply convinced that at the time an act of mercy was granted under Art. 139 of the Constitution – without carrying out the procedure in the form chosen by the President “he believes that this act would not be respected.”
Paprocka argued that the president today decided on the shortest possible route of the pardon procedure, which was initiated within the framework of the presidential procedure, “so that it would be implemented 100 percent.” in accordance with the law in force since 1997, so that neither politicians, courts nor doctrine can question it.”
This is the shortest method that can be used today: initiating proceedings according to the presidential procedure, with the sole position of the Attorney General.
– she emphasized.
Bodnar’s role
The minister was also asked whether, if the Minister of Justice, Attorney General Adam Bodnar, were to decide today to release Kamiński and Wąsik, whether the president would refer to his 2015 pardon and whether he would continue the current form of pardon.
Paprocka said Bodnar has not confronted the president in any way on the matter.
He didn’t ask or ask for a meeting
– she added. She emphasized that the president has initiated the procedure according to a clear procedure aimed at reaching a clear position.
It is difficult to imagine that the president would deny his assessment of the situation – which he made in 2015
– she said.
According to Paprocka, such doubts are “looking for tricks from the attorney general.” She emphasized that if the president were given the opportunity today to take a break from serving the sentences of Mariusz Kamiński and Maciej Wąsik, he would “undoubtedly do so.”
Only the Attorney General can do this today, and he bears full responsibility for what is happening in this case at this stage
– she said.
On December 20, 2023, the Warsaw District Court validly sentenced Kamiński and Wąsik to two years in prison for abuse of power in connection with the so-called 2007 land scandal. Two weeks ago, police arrested both PiS politicians, who were sent to prison.
On January 11, at the request of their wives, the President announced the start of pardon proceedings against Kamiński and Wąsik under the Code of Criminal Procedure. He also asked the Attorney General to suspend the execution of the sentence and release them from custody for the duration of the pardon proceedings.
tkwl/PAP
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Source: wPolityce