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Pardon of Kamiński and Wąsik. On the website of the President’s Chancellery, the right of pardon against the “finally adjudicated penalty”. Paprocka: This is a misleading description, I’ll explain it

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On the website of the president’s office there is information that the law of pardon may be applied to a “finally adjudicated penalty”. Małgorzata Paprocka from KPRP was asked about this in “Piasecki’s Conversation” in the context of Andrzej Duda’s pardon, among others, of Minister Mariusz Kamiński before the verdict became final. – This is a description that is probably misleading in some way. I am very dissatisfied with the fact that (there is) such information, I will explain it in a moment – ​​said Paprocka.

Supreme Courte on Tuesday annulled the discontinuance of Mariusz Kamiński’s case and other former bosses CBAincluding Maciej Wasik. It was remanded to the district court for re-examination. The case is related to the pardon of those convicted by the president Andrzej Duda before the verdict became final. Experts point out that this was a precedent-setting event in the Polish legal order.

READ ALSO: Presidential minister: the commission should work, but the president’s initiative should also be considered

KPRP informs about the right of clemency in relation to a “finally adjudicated penalty”

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Secretary of State at the Chancellery President of the Republic of Poland Małgorzata Paprocka was asked in “Rozmowie Piaseckiego” on TVN24 about the issue of pardon. The host of the program, Konrad Piasecki, pointed out that on the website of the KPRP, in the tab about the powers of the president, on the subpage “law of pardon” it was written that “pursuant to Article 139 of the Constitution, the President applies the law of pardon”.

“The president has the option of remitting – in whole or in part – the penalty imposed by a final decision” – we read in the information, in the wording of June 7, 2023, around 10.19.

READ MORE: Full information on the president’s competences in the field of pardon is available on the KPRP website in the “competences” tab (document downloaded on June 7, 2023) >>>

The President of the Republic applies the law of pardon. The right of clemency does not apply to persons convicted by the State Tribunal.

Screenshot from the KPRP website with information on the right of pardon from the “competences” tab (photo from June 7, 2023)president.pl

On the president’s website there is also another subpage concerning the law of grace, which can be accessed through the “news” tab.

The information contained therein – as of June 7, 2023 before 10 am – sounds different, although it still draws attention to the issue of the finality of the judgment.

“The right of clemency is a special entitlement of the President of the Republic of Poland, defined in Article 139 of the Constitution of the Republic of Poland. The essence of this entitlement is the complete or partial release of the convicted person from the criminal effects of the court judgment,” we read.

“The act of clemency does not change the judgment of the court and does not undermine the guilt of the convict. The purpose of the pardon proceedings is to determine whether, after the final judgment was issued, there were any special events in the life of the convict that caused the punishment to be excessively painful” – added.

READ MORE: Full information on the President’s powers in the field of pardon is available on the KPRP website in the “news” tab (document downloaded on June 7, 2023) >>>

Screenshot from the KPRP website with information on the law of pardon from the “news” tab (photo from June 7, 2023)www.president.pl

Presidential Minister: That’s a description. Somehow misleading

– This is a certain doctrinal development, but I have no doubts as to the fact, especially in the context of two judgments of the Constitutional Tribunal, (…) that pardon also includes individual abolition. The fact is, it is true that it was applied individually – replied Paprocka.

When Piasecki pointed out that on the presidential website it is reported that pardon can only be granted in the event of a final judgment, the minister said that “this is the most classic and most common way”. – This is a description that is probably misleading in some way. I am very dissatisfied with the fact that (there is – editorial note) such information, I will explain it right away – she added.

Screenshot from the KPRP website with information on the right of pardon (photo from June 7, 2023)president.pl

– On the other hand, Mr. Editor, I have no doubts, and I say it looking deep into your eyes, that the act of presidential clemency includes individual amnesty. I refer to the judgment of the Tribunal (Constitutional – ed.) of 2017 – she continued.

She also said that the information on the president’s website was “not an interpretation” of the provision. “It’s kind of information,” she said. – The website of the president’s office is information about the action. However, of course, in such a context, it is misleading – added Paprocka.

Main photo source: TVN24



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