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The Constitutional Court ruled that the President could exercise his right of pardon before a final conviction, which means that Andrzej Duda had the right to pardon the former head of the Central Office for the Fight Against Corruption (now coordinator of the government's special services) Mariusz Kaminski. The Tuesday's verdict of the Constitutional Court was made in connection with a petition filed by Attorney General Zbigniew Ziobro. This petition was submitted to the Constitutional Court a little more than a month after the Supreme Court resolution, which at the end of May 2017 acknowledged that the Presidential Law of Grace could not apply. than to validly recognized persons.
Przyłębska convinced Polsat News TK "was the only decision in line with the Polish constitution."
As the President pointed out, she can apply the law of pardon to both a person sentenced by a valid sentence and against which this sentence has not yet been pronounced. So, to apply, as she said, "individual abolition to a person who has not yet been sentenced". Przyłębska felt that it is a law of grace "similar to that of the American constitution."
When asked if the president can seize any matter at any time and if it is not an excessive extension of his competence, Przyłębska said that it was the law of the president, which was "first applied by the monarchs". She pointed out that the president in Polish law has an exceptionally strong mandate, since he is elected at the general elections.
– There can be no act limiting the prerogative, namely a law presiding exclusively the president of the Constitutional Court. According to her, the judges of the Supreme Court exceeded their jurisdiction because – as she said – "they evaluated the constitution, and the only entity that can do so in accordance with the Constitution is the Constitutional Court."
In March 2015, the Warszawa-Śródmieście District Court sentenced the former head of the Kamiński Central Anti-Corruption Bureau and Maciej Wąsik (Kaminski's deputy to the Central Anti-Corruption Bureau, currently Deputy Coordinator) for three years in prison, including for the abuse of ABC activities and illegal activities during the "field scandal" in 2007 Two other former members of the ABC management were sentenced to two and a half years
. President Andrzej Duda pardoned all four, putting an end to judicial proceedings. It was a precedent – never before the president has forgiven anyone against a valid judicial sentence. In March 2016, SO overturned the verdict of the SR and, despite the pardon, finally dismissed the case. Prosecutors have appealed to the Supreme Court against the Supreme Court. It was then that the judges of the Supreme Court, to whom the cassation went, posed a legal question to the composition of seven judges of the Supreme Court, and that this composition adopted at the end of May 2017 a resolution on the Right of Grace
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Tags Court Julia Kamiński Mariusz proceedings Przyłębska stop Supreme
