I have ambivalent feelings. The incarceration of the convicted criminals Wąsik and Kamiński should only bring satisfaction. After all, their guilt is uncontested. Let me remind you, Mariusz Kamiński planned, organized and implemented a provocation utilizing counterfeit papers and illegal wiretaps, which became the basis for his conviction with a final sentence. Maciej Wąsik, on the another hand, failed to fulfil his work to refuse to follow the command and to exceed his authority.
Kamiński and Wąsik utilized peculiar services for a dirty political game. Games conducted not in the interests of Poland, but in the interests of Jarosław Kaczyński and his political gang. specified an attitude deserves nothing but contempt and condemnation. That's 1 side of the medal.
The another side of it is that we are dealing with another phase of the unpardoned fight for the authorities in Poland. The struggles in which both parties do not hesitate to abuse the institutions of the state do not hesitate to stand not even at the border, but outside the border of law. Anything to bring down the enemy.
It is uncontested to me that the president of PR has no right to pardon those who are legally innocent. This is due not only to the alleged "healthy reason", but indirectly to the provisions of Article 139 of the Basic Act as follows: "The president of the Republic shall apply the law of grace. The right of grace shall not apply to persons convicted by the Court of State.” 1 cannot read the first of these sentences without context, resulting from the second conviction and the full Constitution. This evidence restricts the President's right to apply the law of grace to a individual convicted by the Court of State. The way in which this provision is formulated shows that this is an exception to the general rule of the anticipation of the president of the Republic of Poland applying the law of grace (in the text "Mikosz: PiS politicians fight for their impunity).
Thus, the ultimate Court in judgement II KK 96/23 correctly stated that the application by president Andrzej Duda of the right of grace to 4 defendants (including Mariusz Kamiński and Maciej Wąsik) could not have had the effect of ending the criminal trial concerning the defendants in 2015 without a decision on the guilt. However, is it the ultimate Court and not the Constitutional Court competent to decide on the competences of constitutional bodies? I have deep uncertainty here.
However, regardless of the legal division of hair into four, there has been a situation where courts under the control of feudal political gangs issue contradictory sentences and do not mutually admit their existence. At the same time, the representatives of the administrative authorities shall in a discretion choose which judgments and which laws will respect.
"Solidarity" tombs are destroying our country. They have led to the deepest systemic crisis in decades. If they are stuck in their premonition, it shortly leads us to a point, after which there will be no constitutional anticipation of breaking the deadlock. All this erstwhile Poland is surrounded by hostile countries. For the last fewer years, their disapproval has been assured by the same people who are irresponsiblely causing a malfunction of the state apparatus.
I'm worried about the future. And I'm worried about Poland.
Przemysław Piasta
