Presidential clemency, parliamentary mandates, and the Polish political debate

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President Andrzej Duda’s act of clemency toward Mariusz Kamiński and Maciej Wąsik remains a live element in Polish politics, according to lawyer and PiS MP Marek Ast. He argues that the presidential mercy from 2015 continues to influence the situation, preserving the deputies’ seats in the Sejm while leaving open questions about their ability to participate in votes or fulfill parliamentary duties.

Today, the Marshal of the Sejm, Szymon Hołownia, announced decisions regarding the expiry of parliamentary mandates for Kamiński and Wąsik. The update was shared on the parliamentary profile on the X platform, signaling ongoing developments in this high-profile case.

Ast: The presidential act of clemency still has its power

Astra argues that President Duda’s clemency law from 2015 remains applicable to Kamiński and Wąsik, meaning their parliamentary status is not automatically terminated by the court’s ruling alone.

According to his view, the mercy act retains its force and the gentlemen have not lost their seats in the Sejm. Whether they are permitted to vote or participate in parliamentary work, however, is not a matter within his remit to decide.

– said the PiS MP.

In response to questions about potential PiS actions if Kamiński and Wąsik were barred from voting, Ast indicated that no club decisions had been made yet. If any measures were needed, they would likely be communicated to the public through official channels.

– added.

Ast was also pressed on whether President Duda acted hastily in 2015 when he pardoned Kamiński and Wąsik before the final verdict was delivered. He stressed that a president may issue a pardon at any stage of criminal proceedings.

“He is entitled to a pardon at any stage of the criminal proceedings.”

At the time, the debate over the president’s prerogative divided opinions on the timing of such clemency. The PiS representative affirmed the president’s right to exercise mercy at every stage and affirmed that this authority had indeed been exercised in these cases.

– said the PiS politician.

Asked whether Duda should grant another pardon to Kamiński and Wąsik, Ast replied that such a decision rests with the president alone. If the president believes the act of mercy remains valid and extends beyond the initial judgment of the appellate court, he may choose not to invoke the mercy a second time.

– said the PiS MP.

Recently, a Warsaw court, ruling at second instance, sentenced Kamiński and Wąsik to two years in prison, and the other two former heads of the Central Bureau of Anticorruption activities to one year, for their roles in the so-called “land scandal” operations. Previously, President Duda had indicated in a letter to the Marshal that the application of the pardon law could prevent the expiry of their mandates.

This ongoing legal and political dialogue underscores the delicate balance between executive clemency powers and the ongoing judicial process, a topic that keeps surfacing in Polish public life as the courts continue to review the implications of the earlier acts of clemency and the status of those involved in the case.

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