The Bible of Carnists — The Last Evidence
In March 2015, Mariusz Kamiński and Maciej Wąsik were first convicted in connection with the ground affair. The conviction was not final, and politicians appealed. However, before the appeal court could examine their appeal, in November 2015, president Andrzej Duda exercised the right of grace.
That decision caused controversy. The ultimate Court ruled that the president could apply the law of grace only to those who were yet convicted. This opened the way for the re-prisoning of PiS politicians, which took place last December. Kamiński and Wąsik received a final conviction for 2 years in prison.
Representatives of the President's Chancellery and members of the Law and Justice organization keep that the reparation of erstwhile ministers and heads of service is not possible due to the fact that the first decision to pardon is inactive valid. They argue, among another things, with the presentation of the position of Prof. Stanisław Waltos, which is included in his book “The Criminal Process. strategy outline’. The author states that "The president may exercise the right of grace in any criminal and criminal case, even before a final conviction...".
President's Chief of Office Marcin Mastalerek on Polsat News referred to this passage of the textbook, saying:
President Duda pardoned Minister Kamiński and Wąsik by hand; this is in the textbook by Prof. Waltos, in the alleged Bible of carnists.
"Final process. strategy outline". The manual for the 3rd year of law, the Bible of the criminal procedure, from which most law students in Poland have been studying for years.
"The president may exercise the right of grace besides before a final conviction".
!!!️🔃 Be certain to keep going – let it get there like... https://t.co/wUz033YTArpic.twitter.com/tZ6fL0ZeTK
— 🇵🇱 Paweł Jablonski (@paweljablonski_) January 6, 2024
Waltos didn't compose that.
The author of the manual himself decided to address the arguments presented by the politicians of the Law and Justice. Prof. Stanisław Waltoś in an interview given to TVN24 argues that according to the Constitution's provisions and their systemic interpretation, the president should not apply the law of grace during the ongoing process.
He explains that although the Constitution in Article 139 mentions the right of pardon, the practice to date and the tripartition of power propose that grace is not applied during the trial, but only to the condemned. According to the lawyer, the President's interference in the justice strategy during the ongoing trial would be incompatible with the three-partition rule. In Waltosia's opinion, the pardon of Mariusz Kamiński and Maciej Wąsik is invalid, which means that Andrzej Duda remains only to apply the law of grace again.
The Concret24 website informs that a fragment of the textbook referred to by PiS politicians dates from 2009. However, in the same context, Prof. Waltos emphasizes "Constitutional tradition", thus pointing to the deficiency of specified a anticipation in the Constitution of the Second Republic of Poland from 1921 and 1935. It follows that a pardon before a final conviction would be premature interference with justice.
I think the politicians of the United Right will no longer invoke Prof. Stanisław Waltos erstwhile they hear what he said... pic.twitter.com/2Hs685D35R
— TVN24 Contact Glass (@SzkContact) January 8, 2024
Many netizens in their comments go ahead with the PiS for not being able to read with understanding. There were besides voices defending politicians who suggested that there was no explanation mistake here, and prof. Stanisław Waltos was expected to change his views on the case.
