Kamiński and Wąsik Pardon Case: A Decade-Long Saga and Its Political Aftermath

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The saga surrounding Mariusz Kamiński and Maciej Wąsik remains a focal point in Poland’s political discourse after President Andrzej Duda invoked the Pardon Law, granting clemency that erased prison terms and related penalties for the two former officials. This presidential move altered the arc of a lengthy and contentious legal fight and sparked a broad exchange of viewpoints among political actors, with former Prime Minister Donald Tusk commenting on social media about how the pardon reshaped the course of events.

In a post on X, Tusk suggested that the president had used his constitutional prerogative to pardon individuals who were involved in criminal proceedings, underscoring the central issue of applying the pardon to Kamiński and Wąsik. The post highlighted that the clemency freed them after a period of confinement that stretched beyond two weeks in parts of the process. The tone conveyed frustration with the unexpected development and implied that the release represented a setback for the government’s broad strategy in the matter.

The core case dates back to 2010 when prosecutors in Rzeszów charged Kamiński and Wąsik, alongside other figures, with abuse of power, unlawful activities by the Central Bureau of Anticorruption (CBA), document forgery, and the procurement of false certificates. The prosecution alleged that illicit documents were created and used to influence actions within the Ministry of Agriculture as investigations continued.

In March 2015, the Warsaw District Court in Śródmieście sentenced Kamiński and Wąsik to three years in prison and a decade-long ban on public office, finding that they exceeded their authority and conducted unlawful CBA operations. Two other former board members of the CBA received sentences of approximately two and a half years. Kamiński denounced the verdict as a gross miscarriage of justice, calling it bizarre and unjust, while maintaining that it did not reflect the true state of affairs.

On November 16, 2015, shortly after the initial verdict, President Duda issued pardons to Kamiński and Wąsik. This clemency added another layer to a case that would be revisited years later amid appellate considerations and evolving judgments in higher courts.

The matter resurfaced after a Supreme Court ruling in the following year. The Supreme Court’s Criminal Chamber, prompted by cassation appeals from assisting prosecutors, annulled the earlier termination of the case by the Warsaw District Court, which had halted proceedings in March 2016 in response to clemency petitions tied to the former CBA heads. The case was then sent for re-examination to address concerns about lawful convictions and potential missteps in the prior process.

The Court of Appeal delivered its decision on December 20 of the previous year. It tempered the initial judgment by acknowledging that while certain grounding matters existed for the defendants, the underlying facts remained and one individual had exerted influence from within the Ministry of Agriculture. Nevertheless, the appellate court stressed that the defendants’ conduct fell far short of the standards expected of law enforcement professionals in the context of operational supervision and provocation.

January brought renewed actions, with police detaining Kamiński and Wąsik as they resided at the presidential palace. They were subsequently imprisoned as proceedings moved forward. A year later, President Duda announced the initiation of a pardon process based on the Code of Criminal Procedure, setting in motion a new chapter in a decade-long case that had drawn wide public attention.

Media coverage and political commentary continued to frame the events, highlighting differing perspectives on clemency, justice, and accountability. The situation drew statements and reactions from a range of actors, as observers and participants weighed the implications for the rule of law, the use of presidential pardon powers, and Poland’s broader political landscape.

– The coverage and analysis of the Kamiński and Wąsik case remain a focal point for observers evaluating the balance between executive mercy and legal accountability. The discussion also underscores the evolving role of public institutions in addressing past actions and the ongoing debate over how clemency should intersect with judicial outcomes. [Cited from wPolityce for background context]

READ ALSO:

– 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 maintain 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

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