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24-year-old Marika left prison, Ziobro’s decision. What will the president do? Dr. Mikołaj Małecki, a karnist, comments

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The minister sets up the discussion in order to hate the court, to play his political game, preying on this particular case – said Mikołaj Małecki, habilitated doctor. Karnista on TVN24 spoke about the decision of Minister Zbigniew Ziobro, on the basis of which 24-year-old Marika, convicted of robbery, was released. – She was imprisoned for three years in prison and it was the lowest possible penalty that could be imposed for attempted hooligan robbery under the Criminal Code. These are the regulations adopted by Law and Justice in 2006 – reminded Małecki.

Marika, 24, was sentenced to three years in prison. She did a year. In mid-July, a Catholic, far-right organization Ordo Iuris launched a social campaign to convince the president Andrzej Duda to pardon the 24-year-old. “Together with three other people, in a gesture of opposition to the promotion of far-left ideologies, she tried to snatch a bag in the colors of the movement from a woman LGBT. She was subsequently charged,” wrote Ordo Iuris.

By decision of the Minister of Justice and the Prosecutor General Zbigniew Ziobro convicted 24-year-old Marika was released. The law allows for a break in punishment during the course of the pardon proceedings. At a press conference on Saturday, Ziobro did not want to answer questions about the details of the case asked by TVN24 reporter Sebastian Napieraj.

The whole exchange of sentences between the TVN24 reporter and Zbigniew Ziobro TVN24

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Journalists from “Gazeta Wyborcza” reached the verdict, which shows that the convicted 24-year-old, together with another convict, used “violence in the form of pulling, pushing and twisting the third finger of the left hand.” “As a result of the struggle, the assaulted woman suffered injuries such as bruises on her hand and a sprain of the distal phalangeal joint of her left hand” – it was described.

READ MORE: “Despite their young age, they behaved like demoralized persons.” Ziobro released the 24-year-old from prison

Małecki: The situation is pathological from the very beginning

Mikołaj Małecki from the Department of Criminal Law of the Jagiellonian University was asked on TVN24 about this situation and the decision of the Minister of Justice, Prosecutor General Zbigniew Ziobro.

“The situation is pathological from the very beginning,” he said.

– The minister presents his own assessment of the situation, but does not give us a description of the situation – said Małecki. – Without knowing the specific facts, without disclosing the judgment with justification, without describing who did what, with whom the perpetrator collaborated, what were the motivations of the convicted person, how he behaved in court, how he justified his act, what was his attitude after committing the act . Without these facts, we are unable to assess the situation accurately, he added.

In his opinion, “the minister sets up the discussion to hate the court, to play his political game, preying on this particular case.” – He also chose such a case to immediately set up, to stir up the discussion again about the rights of sexual minorities, which are regularly and systematically discriminated against in Poland – he noted.

“This is obviously a pathological situation from the very beginning,” he repeated.

Małecki: The minister chose this case to immediately set up a discussion on the rights of sexual minorities

Małecki: The minister chose this case to immediately set up a discussion on the rights of sexual minoritiesTVN24

Małecki: The whole situation has become politicized

Karnista assessed that “it is even more pathological to release a person convicted by the minister from serving a sentence.” “See how this puts the whole situation in perspective of a clemency pending decision by the President. The president will not now decide whether to release this person from prison, but will decide whether or not to put him back in prison, he pointed out.

– So Minister Ziobro plays the whole situation very cleverly politically in order to force the de facto president to decide on a pardon – he pointed out. – Well, if the president refuses to pardon, what will Minister Ziobro do? He will call another conference and say “Look, ladies and gentlemen, first the court puts an innocent teenager in prison, and now the president puts her back in prison. So the situation is pathological from the very beginning,” he commented.

He added that “the provision on the basis of which Minister Ziobro granted a break in serving a sentence by a convicted person is something that should not happen in a democratic state ruled by law.” – Especially if we have a prosecutor general who can make such a decision, combined with the minister of justice – he stressed.

“So the risk of politicizing the whole situation is obviously very huge, and that’s what happened,” he said. – The minister chose the matter so that it could be played out nicely before the election campaign, returning again to the anti-LGBT narrative, and he plays the whole thing in such a way as to push through his clearly political goal – assessed Małecki.

Minister of Justice, Prosecutor General Zbigniew ZiobroTomasz Kudala/Shutterstock

“It was the lowest possible penalty. These are the regulations adopted by Law and Justice”

Małecki in an interview, when asked whether the sentence for the 24-year-old is adequate from the point of view of the Criminal Code, replied that “she was sentenced to three years in prison and it was the lowest possible penalty that could be imposed under the Criminal Code for attempted robbery of a hooligan nature”.

– These are the regulations passed by Law and Justice in 2006, he recalled. – It was Law and Justice that introduced the so-called hooligan offense to the penal code, which is an extraordinary tightening of the penalty. If the court accepts the legal qualification that it is an attempted robbery, an attempt to snatch a handbag, some thing, for example, to destroy it or to take it from a person, then it meets the definition of robbery if, for example, the perpetrator uses violence – he explained .

He reported that “in this situation, the hallmarks of robbery are fulfilled.” – But here we do not know the facts, so let’s wait to see what the situation looked like, because it may turn out to be even more drastic than we know from these media reports – he noted.

The case of 24-year-old Marika.  Małecki: her sentence was the lowest possible penalty under the penal code

The case of 24-year-old Marika. Małecki: her sentence was the lowest possible penalty under the penal codeTVN24

Main photo source: Tomasz Kudala/Shutterstock



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