Amicus Brynkus sed magis amica veritas. ;)
In a text published on 10 March Under the government introduced by the Law and Justice, the law serves the detention of PiS politicians Prof. Józef Brynekus puts rather a surprise to the lawyer or entrepreneur thesis.
Today, the Law of the Law of the Law of the Laws, which allows to apply the alleged mining detention without punishment and without time, criticized by MP Kukiz’15 Jerzy Jachnik, is simply a tool for the coalition of the PO, especially as it can be utilized as described by the people of the alleged SilnywKupie (...).
It is hard to find an example far more than reality. The dimension of provisional detention is defined in Article 263 of the Code of Criminal Procedure and... has not changed since 1998, erstwhile the fresh NCP came into force. As I recall, the Law and Justice didn't be yet. ;)
§ 1. In the preparation procedure, the court shall, by means of temporary arrest, mean a period of not more than 3 months.
§ 2. If, due to the peculiar circumstances of the case, the preparatory proceedings could not be completed within the time limit laid down in paragraph 1, the provisional arrest may, at the request of the prosecutor, extend, where necessary:
1. the court competent to examine the case up to 6 months,
(2) a higher court of jurisdiction to examine the case for a further period of time, essential for the completion of the investigation procedure, but which may not exceed 12 months in total.
§ 3. The full time of application of the provisional arrest until the first judgement is given by the court of first instance may not exceed 2 years.
§ 4. Prolongation of the application of provisional arrest for a period specified in paragraphs 2 and 3 may only be made by the ultimate Court on application by the court before which the case is pending, and in preparatory proceedings at the request of the lawyer General - if this is essential due to the suspension of the criminal proceedings, prolonged psychiatric reflection of the accused, prolonged preparation of an expert opinion, the conduct of evidence in a case of peculiar complexity or abroad, deliberate hold of proceedings by the accused, and due to another crucial obstacles which were impossible to remove.
§ (5) A request for an extension of the period of provisional arrest should be made, while sending the competent court a file no later than 14 days before the date of application of that measure.
But then there was a change. Prime Minister Jerzy Buzek (President Aleksander Kwasniewski) extended the detention powers of the court of First Instance:
§ 1. In the preparation procedure, the court shall, by means of temporary arrest, mean a period of not more than 3 months.
§ 2. If, due to the peculiar circumstances of the case, the preparatory proceedings could not be completed within the time limit laid down in paragraph 1, at the request of the prosecutor, the court of first instance competent to examine the case, where necessary, may extend the provisional arrest for a period which may not exceed 12 months in total.
§ 3. The full period of application of the provisional arrest until the first judgement is given by the court of first instance may not exceed 2 years.
The remainder remained fundamentally unchanged.
In turn, during Prime Minister Leszek Miller's rule, solutions were maintained for the extension of the provisional arrest to 1 year by the court of first instance. Only § 7:
Where there is simply a request for a provisional arrest after the first judgement has been given by the court of first instance, any extension may take place for a period of not more than 6 months.
As you can see, the practice forced an extension of the period of application of the provisional arrest following the judgement of the court of first instance.
Another amendment took place in February 2007 as a consequence of the judgement of the Constitutional Court. However, the amendment did not affect the time limits provided for in Article 263 kpk and simply resulted in an enumeration of cases where detention could be extended.
It was only during Tusk's regulation that another change was introduced, although in my opinion it was completely pointless.
The added § 8 reads:
The Minister of Justice shall, by means of a regulation, set out a model instruction for the suspect in the event of the provisional arrest of rights: to be heard, to refuse to give an explanation or to refuse to answer questions, to be informed of the contents of the allegations, to review the file in part containing the content of the evidence indicated in the application for provisional arrest, to have access to the first medical aid, as well as to the powers referred to in Articles 72(1), 78(1), 249(5), 252, 254(1) and (2), 261(1), 2 and 2a and 612.1, having respect to the request to realize the instruction besides by those who do not benefit from the assistance of the defender.
On the way, the ultimate Court was replaced by the Appellate Court and so much in the subject.
Prof. Brynkus's text proves 1 more – and it is essential to repeat, even respective times a day, that the Court of First Instance decides to apply PROVISIONAL ARISATION!
And his extension, too. So if in Poland we have a systemic problem with the dimension of detentions (those over 2 years come at an alarming rate) it is the responsibility of the judges.
And those ruling extensions, and those, above all, by which the case of the snails and the delinquent alternatively of serving the sentence, sits in worse conditions than the condemned imprisoned even in the alleged castle, that is, the harshest form of imprisonment.
On the another hand, as far as mining detention itself is concerned, it must be stressed that this word was first utilized in the 3rd Republic of Poland in respect of Mark Dochnal's over-three-year detention (28 September 2004 until 31 January 2008).
The same word was utilized against Prof. Filipiak (2008) or the Legia fan Maciej Dobrowolski. The last case is peculiarly shocking. Dobrowolski spent 40 months under his cell (May 2012 to September 2015).
Against the support of the Legion, Warsaw was unleashed by media harassment, even judges spared sharp words. At the time, the president of the Criminal Division of the Court of Appeal in Warsaw, justice Jerzy Leder thundered:
We're dealing with an organized crime group. With crimes and drug offences. Mr Maciej Dobrowolski is number 1 in this group.
He was told by justice Ewa Leszczyńska-Furtak of the Warsaw territory Court:
– If the case had not been so serious, no court would have applied temporary detention for specified a long time.
Meanwhile, it turned out that the charges, which were carefully publicized by the then me(r)dia, proved to be worth a pound of wafers.
Although any proceedings are most likely inactive going on, the most serious charge, i.e. participation in an organized criminal group, the prosecution resigned in 2015.
Only the fact that the alleged neo-Judges do not participate in the case may be added to the pikateria of the case, but checked according to Bodnar "invisible" staff. ;)
All these cases occurred during the Tusk government.
Some claim that the “extractive custody” was the application of TA to Paweł Piskorski under the Law and Justice.
However, it should be stressed that specified an opinion was mainly preached on Polish-language portals after 24 February 2022 openly pro-Russian.
This is not the only inaccuracy contained in the text of the erstwhile MP (KUKIZ’15). Prof. Brynekus writes rather seriously:
Over the years, the PiS people have been shouting about the Vatovian carousel. Without the protection of the people on the candlesticks, it wouldn't have happened. And individual went to prison for that? Nobody.
Apparently Prof. Brynekus has forgotten the case of Marcin K., ongis the head of the First Silesian taxation Office. I know the name. I had contact with this gentleman before he was promoted. But even then, he demanded bribes...
Marcin K. was temporarily arrested in February 2017. The D.A. put him... over 30 charges, all corruption-related and, in turn, abuse of powers.
According to the prosecution, he was to receive at least PLN 600,000 of bribes.
According to popular opinion in Silesia, Marcin K. visited a suicide serial in a cell...
Thus, it is not actual that no 1 went to prison, as prof. Brynkus claims.
There were more like this.
The actual action of the United Right shows the applicable disappearance of the so-calledvatowska hole.
After 13 December 2023, she reappeared.
And another 1 of your professors.
During the 8th Parliament of Poland I constantly raised the problem of burning waste dumps. What? The Law and Justice didn't truly do anything about it.
The dumps were on fire, and that's the truth. I have made at least a fewer articles on this subject.
But the origin of these fires was... the tightening of the law by the Law and the request to remove any physical evidence.
The garbage to Poland was taken... for the erstwhile Tusk!
Be besides on the basis of permits granted by the Polish Government, which was in accordance with EU law.
With the fires, we can only speculate that they were German.
15.03 2025
