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Decision of Poland's Supreme Court opens new chapter in ongoing constitutional crisis

06.06.2023 22:25
The Supreme Court has quashed an earlier decision by Warsaw's District Court, thereby reopening criminal proceedings against Mariusz Kamiński (currently Minister of the Interior and Administration) and other former leaders of Poland's Central Anti-Corruption Bureau (CBA). The decision has reignited debates on the competences of different state bodies under the Polish Constitution.  
Maciej Wąsik and Mariusz Kamiński in the Polish Sejm.
Maciej Wąsik and Mariusz Kamiński in the Polish Sejm. PAP

In 2015 the Regional Court for Warszawa-Śródmieście sentenced the then Head of the CBA Mariusz Kamiński and Maciej Wąsik (Kamiński's deputy) to 3 years in prison for exceeding their powers, falsifying documents and incitement to commit crime. Two other CBA leaders were sentenced to 2.5 years each.

Kamiński and Wąsik are both members of the ruling Law and Justice Party (PiS).

Before appeal proceedings could begin in Warsaw's District Court, President Duda (also from Law and Justice) pardoned all four. This sparked controversy whether the Presidential pardon can be granted prior to the completion of the appeal process - before the validation of the sentence.

The pardon was recognised by Warsaw's District Court in its 2016 decision to quash the verdict of the court of first instance. However, today's decision requires Warsaw's District Court to reopen proceedings, meaning all four have today the status of accused.

The Supreme Court's decision has provoked both strong support and condemnation. Opposition MP Dariusz Joński (Civic Platform - PO)  told the anti-Law-and-Justice Gazeta Wyborcza, "This means that Law and Justice's impunity is coming to and end... Mr Duda is no court of law and so Messrs Kamiński and Wąsik will have to make their way to a court."

The pro-government wPolityce has, by contrast, published an attack on the Supreme Court judges who took today's decision - pointing to decisions they have taken favourable to the opposition Civic Platform party (PO).

Sources: PAP, gazetaprawna.pl, wyborcza.pl, wPolityce.pl

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