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The case of Kamiński and Wąsik. The president started the pardon procedure. Comment by Krystian Markiewicz

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As I understand it, the president does not want to use this simplest formula, the one where one can say that he is his own helm, sailor, ship, and he could make such a decision at any time today, yesterday and tomorrow. He prefers to initiate, as a rule, a long-term procedure with the participation of many other entities – said Judge Krystian Markiewicz, head of the Iustitia Association of Judges, on TVN24, commenting on the president’s decision in the case of Mariusz Kamiński and Maciej Wąsik.

Thursday President Andrzej Duda initiated pardon proceedings against Mariusz Kamiński and Maciej Wąsik at the request of their wives. He also requested the Prosecutor General to suspend the execution of the sentence and release the prisoners for the duration of the pardon proceedings.

Read more: The president initiated pardon proceedings against Kamiński and Wąsik. The next move is Bodnar’s

The next step in this matter rests with the attorney general Adam Bodnar. At this point, it depends on him how quickly Kamiński and Wąsik will be released.

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Markiewicz: the president does not want to use the simplest formula

The situation was commented on TVN24 by judge Krystian Markiewicz, head of the Iustitia Association of Judges. – According to the constitution, the president has the right to pardon. We all know after these many years of lessons that he can pardon a convicted person, because the law of pardon applies to a convicted person. This is the so-called constitutional procedure, he began.

– There is also a second procedure, which is usually initiated by the convicts themselves or their families, which is preceded by the opinions of the courts, then the prosecutor general, who forwards such opinions to the president, and then at the very end the president can reduce the sentence, to put it simply, or completely pardon such people, then they are released – he added.

Krystian MarkiewiczTVN24

Read also: Szymon Hołownia on the pardon proceedings against Kamiński and Wąsik: a long path, it may take up to half a year

– As I understand it, the president does not want to use the simplest formula, the one where one can say that he is the helm, sailor, and ship himself and could make such a decision at any time today, yesterday and tomorrow, but prefers to initiate, in principle, a long-term procedure with the participation of many others. entities – said Judge Markiewicz.

Markiewicz: I only see political goals, not legal rationality

Compliant with art. 563 of the Code of Criminal Procedure, when issuing opinions in the pardon process, the court is to take into account “the behavior of the convict after the judgment is issued, the extent of the sentence already served, the health condition of the convict and his family conditions, compensation for the damage caused by the crime, and, above all, special events that occurred after the judgment was issued.” “.

When considering a request for clemency, the court takes into account in particular the behavior of the convict after the sentence is issued, the extent of the sentence already served, the convict’s health and family conditions, compensation for the damage caused by the crime, and, above all, specific events that occurred after the verdict was issued.

– Well, this is probably not how we imagine such proceedings when someone just started serving a prison sentence just a few days ago and we could immediately say that “well, the grounds for pardoning such a person are already clear.” This would mean that the courts did not consider all this, which will later, to some extent, be subject to reassessment, among others, by the Prosecutor General – he said.

Read also: Who is responsible for the confusion surrounding the Kamiński and Wąsik case. Poll

– It is also difficult to talk about any behavior of such convicted people, after all, only a few days have passed. It’s difficult to talk about any educational aspect of the punishment when we only have a few days of imprisonment behind us, he added.

President Andrzej Duda began the procedure of pardoning Kamiński and WąsikRadek Pietruszka/PAP

As he said, “let us also remember one thing. We are focusing here on two former MPs, but there is also another side. There are always people who are victims of crime and there is also a social dimension, a social feeling of how people perceive such behavior of the state in relation to to people who are convicted. Equality before the law does not end only with the passing of a sentence, but also with the execution of such a sentence.

The head of the Association of Judges Iustitia said that “this is a certain theater, because the result intended by the president could have been achieved with one quick decision, and suddenly the president makes this procedure last longer, which means that he assumes that he allows that two convicts will serve this prison sentence.

– Perhaps the president does not want these people to leave this prison as soon as possible in accordance with his law of pardon. So I see only political goals here, and certainly not legal rationality, he added.

Main photo source: Radek Pietruszka/PAP



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