“The president exercised – this time rightly – his right to pardon criminals; that’s all” – this was the only comment that Donald Tusk could make, referring to President Andrzej Duda’s decision to apply the law of pardon to Mariusz Kamiński and Maciej Wąsik.
The Prime Minister referred to the President’s decision to apply the Pardon Law to Kamiński and Wąsik by remitting prison sentences and penalties and ordering the annulment of convictions. Wąsik and Kamiński left prison on Tuesday after 21.
The president – this time rightly – used his right to pardon criminals. That’s all
— wrote Tusk on the X platform.
Donald Tusk is probably not happy that Maciej Wąsik and Mariusz Kamiński, who were quickly sent to prison thanks to the efforts of his government, are now being released. It is not easy for the Prime Minister to admit defeat, which could be the reason for his malicious post.
The case of Maciej Wąsik and Mariusz Kamiński
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. 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.
In March 2015, the Warsaw District Court-Śródmieście sentenced Kamiński and Wąsik to 3 years in prison and a 10-year ban on holding public positions, including: 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.”
On November 16, 2015, after the first instance verdict, President Andrzej Duda pardoned Kamiński and Wąsik.
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 then former heads of the CBA were unlawfully convicted and the SO case transferred for re-examination.
The decision following this re-examination was pronounced by the Court of Appeal on December 20 last year. It is true that the Court of Appeal subsequently softened the judgment of the first instance by admitting that “it was not the defendants who had created the factual grounds for carrying out the inspection” because “these grounds actually existed, there was a man who relied on influence.” and on his own initiative spoke about his options at the Ministry of Agriculture.” At the same time, however, the Court of Appeal emphasized in its justification that “the defendants’ behavior was ‘far removed’ from the standard of action of law enforcement agencies in the context of operational control and provocation.”
On January 9, police arrested Kamiński and Wąsik, who were staying in the presidential palace at the time; later they were imprisoned.
On January 11, President Andrzej Duda announced the start of a pardon procedure against both convicts, based on the Code of Criminal Procedure.
tkwl/PAP
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— Mariusz Kamiński and Maciej Wąsik are now free! “Mr. Tusk, Mr. Hołownia, we’ll see each other soon”
— Maciej Wąsik after his release: We have some problems to solve. I stick to the fact that I am a Member of Parliament
— The President: The decision on the power to pardon has been issued. I appeal for the immediate release of both men from prison
Source: wPolityce