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Thursday, February 29, 2024

The case of Mariusz Kamiński and Maciej Wąsik. The president initiates pardon proceedings. Dr. hab. Mikołaj Małecki comments

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President Andrzej Duda announced that he was initiating pardon proceedings against convicted Mariusz Kamiński and Maciej Wąsik. – Just yesterday, the president claimed that he has royal competence, that he can pardon anyone he wants, whenever he wants, however he wants. Today, he shifts the responsibility to the prosecutor general and the courts – said Mikołaj Małecki, a criminalist from the Jagiellonian University, and habilitated doctor, on TVN24.

President Andrzej Duda announced on Thursday that initiates pardon proceedings towards convicts Mariusz Kamiński and Maciej Wąsik. He also turned to the prosecutor general and the minister of justice Adam Bodnarto release Kamiński and Wąsik from prison for the duration of the pardon proceedings. – There is a possibility, provided for in Article 568 of the Code of Criminal Procedure, for the Prosecutor General to suspend the execution of the sentence, and for the Prosecutor General, in short, to release incarcerated people for the duration of the pardon proceedings, Duda pointed out.

Recognizing that particularly important reasons support pardon, especially when justified by the short period of the remaining sentence, the court issuing the opinion and the Prosecutor General may suspend the execution of the sentence or order a break in its execution until the completion of the pardon proceedings.

Małecki: today the president is shifting responsibility

The case was commented on TVN24 by Mikołaj Małecki, Ph.D., from the Department of Criminal Law of the Jagiellonian University. – The first, most important thing that results from today’s statement by Mr. President – Mr. President refused to apply an act of mercy under Article 139 of the Constitution in relation to Messrs. Kamiński and Wąsik. He could have made sure that these men were released today, he said.

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As he added, “Mr. President refused to apply this act of grace, which can be applied directly based on a constitutional provision.” – Just yesterday, the president claimed that he has the royal power to pardon anyone he wants, when he wants, how he wants, without any control, and today he is shifting the responsibility to the prosecutor general, then to the courts, which have to go through the pardon procedure, and only then In the end, he will decide whether to apply an act of grace or not, he added.

– The president announces in his statement that he is initiating the pardon procedure, he stated it clearly, so that the procedure can be fully carried out based on the Code of Criminal Procedure. And, of course, this is a time-consuming procedure if it is to be carried out reliably, substantively, he emphasized.

As Małecki added, “at the moment, when we look at this situation, of course there are no grounds for a pardon.” – The gentlemen pleaded not guilty. I don’t know, maybe something has changed in the prison, but what we have seen so far is that they did not admit their guilt, they were even proud of what they did and for which they were convicted. They consider themselves political prisoners in a completely conservative way, he continued.

According to Mikołaj Małecki, this is “an obvious political ploy to blame Minister Bodnar and the courts for keeping two, as PiS calls, political prisoners.” – This is what the president’s move is aimed at, postponing the act of pardon and shifting it to the pardon procedure described in the Code of Criminal Procedure – said the lawyer.

Main photo source: Jakub Szymczuk/KPRP



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