Overshooting?
The decisions of the president of the Criminal Chamber of the ultimate Court Zbigniew Kapiński rise expanding opposition among the “old” judges. 2 experienced SN judges, Tomasz Artymiuk and Jarosław Matras, notified the ultimate Court disciplinary spokesperson of these decisions. In their view, the president could have committed not only a disciplinary offence, but besides a violation of his rights, for which he was facing 3 years in prison.
Zbigniew Kapiński is simply a criminal who worked in the Warsaw Court of Appeals before coming to the SN, was a visiting officer in criminal matters and gave lectures at the Kraków school of judges and prosecutors. Many judges accuse him of deficiency of adequate experience in the SN, where he served as president of the Chamber for little than a year, and his jurisprudence in the court of appeal was not impressive, due to the considerable number of appeals.
Controversy pursues controversy
It became loud about Zbigniew Kapinski in connection with the case of convicted PiS politicians, Mariusz Kamiński and Maciej Wąsik. Kapinski made a controversial decision, replacing the first president of the SN and establishing that the Extraordinary Control Chamber was competent to consider the appeal of Mariusz Kamiński against the order of the talker of the Sejm to declare the expiry of the mandate. In this way, he settled the alleged dispute between the Extraordinary Control Chamber and the Labour Chamber, which was discussed by Kamiński.
In May, Kapinski took another discussion step. He issued an order regarding requests to exclude a justice from the prosecution, which indicated the defective appointment of neojudges. After Adam Bodnar took power in the D.A.'s office, specified applications began to be filed before SN investigators. In order to prevent this, Kapiński established in the order that the motions of prosecutors were to be sent to the president of the Criminal Chamber, and that he would immediately pass them on to the first president of the SN. In turn, Neossierja Małgorzata Manowska was to consider the anticipation of utilizing the powers of appointing a justice in another ultimate Court Chamber to examine the application.
According to Gazeta Wyborcza, according to experienced judges, the order violates the regulations of the ultimate Court and legal arrangements of statutory rank. Furthermore, the first president may not indicate a peculiar justice who will decide the key question of whether a dispute will be dealt with by a recently appointed judge.
