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Mariusz Kamiński and Maciej Wąsik were pardoned, but they are not MPs. Lawyers translate

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Mariusz Kamiński and Maciej Wąsik lost their parliamentary seats on December 20. This is not covered by the pardon – explained Professor Andrzej Zoll on TVN24. Krzysztof Grajewski, Ph.D., explained that the convicted PiS politicians “ceased to be MPs when the verdict was issued” and “there is no legal possibility for them to regain their mandate.”

President Andrzej Duda announced on Tuesday by Fr issuing a decision on the application of the law of pardon to Mariusz Kamiński and Maciej Wąsik. Małgorzata Paprocka, presidential minister, said that the pardon concerns the remission of prison sentences and punitive measures and the ordering the expungement of convictions.

“Kamiński and Wąsik are not MPs, the law of pardon does not change anything”

Marshal of the Sejm Szymon Hołownia At the end of December, in connection with the final judgment for abuse of power, he signed decisions to terminate the mandates of PiS MPs Mariusz Kamiński and Maciej Wąsik. Lawyers explained on Tuesday what the situation of Law and Justice politicians is like after Andrzej Duda’s latest decision.

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– Messrs. Kamiński and Wąsik are not MPs. The law of grace changes nothing in this respect. When the final judgment was issued, they ceased to be MPs. There is no legal possibility for them to regain their mandate – said a specialist in constitutional law, Dr. Hab., to the Polish Press Agency. Krzysztof Grajewski from the University of Gdańsk.

He explained that “the pardon concerns the content of the judgment – first of all, it is a pardon from the penalty and punitive measures.” – The loss of the mandate was not made because the court made such a decision, but because the law binds such an effect to this type of judgment – he emphasized.

Grajewski added that the situation regarding the passive electoral rights of former ministers is different. – If the conviction is expunged, the men have the right to vote. This means that they will be able to be elected in the next ones elections – said Grajewski. He also emphasized that this construction of the law of pardon also means that Kamiński and Wąsik can perform public functions.

Zoll: They definitely lost their seats

Professor Andrzej Zoll, former president of the Constitutional Tribunal and former Ombudsman, also spoke about the status of Kamiński and Wąsik in “Fakty po Faktach” on TVN24.

– If we are to talk about the validity of the law in Poland at all, these gentlemen lost their seats for sure on December 20, 2023 – he pointed out.

He explained that “it follows from the constitution and the Electoral Code that a final sentence imprisoning someone for an offense prosecuted ex officio results in the loss of the mandate.” This – he pointed out – cannot be covered by a pardon.

– This is simply a consequence of the judgment itself, it is not a punishment that is subject to pardon. While erasing their conviction, the president also pardoned them for the loss of public rights. This is blurred, but it only means that they can now run in local government elections or they can run in elections to the European Parliament – he pointed out.

What were Mariusz Kamiński and Maciej Wąsik convicted of?

In 2007, the CBA, headed by Mariusz Kamiński (Maciej Wąsik was his deputy), organized a provocation that was intended to attack the then Minister of Agriculture, Andrzej Lepper. The suspected agents of the Bureau were to offer officials a bribe of several million zlotys for the de-agriculture of a plot of land in Masuria. Due to the leak, no money was transferred and the CBA operation ended in failure. As a result, Lepper was dismissed by the then Prime Minister Jarosław Kaczyński. The political earthquake led to the collapse of the PiS-Samoobrona-LPR coalition and to early elections, as a result of which the PO-PSL coalition took power.

Judge Anna Bator-Ciesielska, who announced the final judgment in the case of Kamiński and Wąsik in December 2023, said that their actions years ago, when they headed the CBA, “were far from” the standard of operation of law enforcement agencies within the framework of operational control and provocation. .

– The activities undertaken by the defendants described in the judgment were not only illegal (…) They were not activities aimed at detecting crimes, but rather creating the crime – said the judge.

READ MORE: “They told me to forge the signature.” What were Kamiński and Wąsik convicted of?

Main photo source: Piotr Nowak/PAP



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