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The Supreme Court annulled the discontinuation of the case of Mariusz Kamiński and Maciej Wąsik. Krystian Markiewicz: The Supreme Court reminded that the president is not above the law

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The Supreme Court said today that the second instance court had no right to discontinue the proceedings in the case of Mariusz Kamiński and Maciej Wąsik. He said that the president is not above the law and that he is bound by constitutional rules, explained Professor Krystian Markiewicz, head of Iustitia, on TVN24.

Supreme Court annulled the discontinuation of the case of Mariusz Kamiński and other former heads of the CBA. The case was remitted to the regional court for re-examination.

Markiewicz: The Supreme Court rose to the occasion

Krystian Markiewicz, head of the Association of Polish Judges “Iustitia”, spoke about the decision of the Supreme Court on TVN24. – In the light of the principle of the presumption of innocence, these are people who are still innocent, but convicted by a verdict of the court of first instance. Now the court of second instance, where the case returns after today’s session of the Supreme Court, will have to hear the appeal and make a valid decision whether the court of first instance is right, upholds the conviction or issues a different verdict, he explained.

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– Previously, the court of second instance – where Mr. Schab, an assistant to Minister Ziobro, sat at that time – simply made a mistake, issued a wrong ruling, which was repealed today. Supreme Court said that the court of second instance had no right to discontinue the proceedings. Then the court appealed to the president’s decision, which was illegal, unlawful, unconstitutional – reminded the TVN24 guest.

He emphasized that now “the duty of the court of second instance is to examine the case on the merits.” – This “argument” of the Constitutional Tribunal for one day, in order to do well to certain politicians, was significant. This decision of the Tribunal was extremely political and was at zero intellectual level. Today, the Supreme Court, which does not play politics, emphasized this. He said, “The president had no right to pardon before conviction.” You can’t divorce someone if they’re not married. This is obvious, you don’t have to be a lawyer, and the president did it – Markiewicz compared.

– The Supreme Court was up to the task. He said that the president is not above the law and that constitutional rules apply to him. And even with the power of political allies in the form of the Constitutional Tribunal, this does not affect how courts should operate in a democratic state ruled by law. Now it is the duty of the court of second instance not to look at what the political and politicized world says Constitutional Courtonly to decide whether one of the most important people in the country committed a crime or not – he said.

Main photo source: Marcin Obara/PAP



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