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Mariusz Kamiński, Maciej Wąsik – pardon. A judge has been appointed for the case, PAP reported

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The case of Mariusz Kamiński, Maciej Wąsik and two other people from the former management of the CBA, who were convicted in the first instance for operational activities during the “land scandal” and pardoned by the president, will be considered by the judge of the Warsaw district court, Anna Bator-Ciesielska, reported the Polish Press Agency. The judge belongs to the Association of Polish Judges “Iustitia”.

At the beginning of June Supreme Court in the Criminal Chamber, annulled the discontinuation of the case of the former heads of the CBA made in March 2016 by the District Court in Warsaw and referred the case to this court for re-examination.

READ MORE: Accused, convicted, innocent, pardoned? What is the status of Kamiński and Wąsik

A judge has been appointed

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According to the Polish Press Agency, this case has already received its signature. There is no date for starting the proceedings yet. A judge has already been appointed to handle the case. It is Anna Bator-Ciesielska. She is an experienced judge with over 25 years of experience. He adjudicates in the tenth criminal division of the District Court in Warsaw. She has adjudicated in many criminal cases, including cases involving organized crime groups. She was the president of the District Court for Warsaw-Żoliborz. He belongs to the Association of Polish Judges “Iustitia”.

In 2019, Judge Bator-Ciesielska refused to adjudicate in the same bench, first with Przemysław Radzik and then with Michał Lasota, who are deputy disciplinary prosecutors for judges. The judge also referred questions for a preliminary ruling to the Court of Justice of the EU concerning, among others, the status of the National Council of the Judiciary. In connection with these actions, the disciplinary prosecutor for judges brought disciplinary charges against her and applied to the Supreme Court to suspend her in adjudication activities. However, the Chamber of Professional Responsibility of the Supreme Court did not agree to this.

Judge Anna Bator-CiesielskaTVN24

The case of the former heads of the CBA

The case of the former heads of the CBA has a history of almost ten years. In March 2015, the District Court for Warszawa-Śródmieście sentenced the former head of the CBA in the first instance Mariusz Kaminski (today – the head of the Ministry of Interior and Administration) and Maciej Wasik (then deputy of Kamiński in the CBA; currently deputy minister of the Interior and Administration) to 3 years in prison, among others for exceeding powers and illegal operating activities of the CBA during the “land scandal” in 2007. Two other former members of the CBA management were sentenced to sentences after 2.5 years.

Before the District Court in Warsaw examined the appeal, in November 2015, the president Andrzej Duda pardoned all four illegally convicted. In March 2016, the SO overturned the judgment of the SR and, in view of the president’s act of clemency, legally discontinued the case. From this judgment of the Supreme Court, the auxiliary prosecutors filed cassation appeals to the Supreme Court.

Maciej Wasik and Mariusz KaminskiMateusz Grochocki/East News

The case was then suspended in the Supreme Court for a long time, due to, inter alia, with the dispute over powers between the President of the Republic of Poland and the Supreme Court, brought before the Constitutional Tribunal by the Marshal of the Sejm. Earlier, however, before submitting the dispute over powers to the Constitutional Tribunal – the Supreme Court in May 2017, he issued a resolution regarding the issue of pardon, in which he stated that the application of the pardon before the date of the final judgment of the judgment does not have procedural effects.

In turn, in the judgment of the Supreme Court of June this year, it was emphasized that the court found that “on the basis of the case under consideration, it has not lost its binding force”.

“The court of the first instance found that the actions of the defendants exceeded their powers, acted to the detriment of public and private interests, as well as the implementation of a number of other prohibited acts. However, the judgment issued by it was not substantively verified in the course of the instance control” – reminded the Supreme Court in a more than 30 parties in writing.

The Supreme Court repeals the discontinuation of the case of Kamiński and WąsikTVN24

Meanwhile – as the Supreme Court pointed out in this justification – “such verification was not only required by law, but also desirable from the perspective of the public interest”. “The importance of this case goes far beyond the interests of the defendants and the victims” – stressed the judges who signed the verdict from the beginning of June this year.

Judgment of the Constitutional Tribunal “without any legal consequences”

Four days before that decision, he issued a ruling related to the case Constitutional Court. In the case of the dispute over powers between the president and the Supreme Court, the Constitutional Tribunal ruled that the power of pardon is the exclusive and uncontrollable power of the President of the Republic of Poland, which has final legal effects, and the Supreme Court has no powers to control the exercise of the power of pardon by the president.

“Due to the content of this ruling, the Supreme Court is of the opinion that the ruling of the Constitutional Tribunal of June 2 this year regarding the dispute over powers did not have any legal effects,” the Supreme Court ruled in June.

Main photo source: Mateusz Grochocki/East News

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