Chief of Presidential Cabinet Zbigniew Bogucki defends President’s veto of criminal procedure reform, dismissing Justice Minister’s arguments.
Defending the Veto
Chief of Presidential Cabinet Zbigniew Bogucki stated that while “the intentions were good,” particularly regarding the limitation of temporary detention, the implementation was flawed. He explained that combining all proposals without considering certain systemic solutions prevented the president from signing the bill.
“We will soon resolve, clarify, and properly dust off this argumentation,” Bogucki said. He emphasized that the main reason for the veto was that the amendments regarding temporary detention actually harmed the protection of minors.
Without Temporary Detention
Bogucki highlighted that under the proposed provisions, temporary detention could not be applied in cases of suspected or accused persons regarding prenatal injury, which carries a prison sentence of up to two years. He also found it “extremely shocking” that the bill would also protect pedophiles.
“This must be said very clearly,” Bogucki stated. “The bill stipulated that law enforcement agencies, prosecutors, and courts would not be able to apply temporary detention in cases of grooming offenses under Article 200a, Paragraph 2.”
Systemic Failures
Bogucki criticized the bill’s plan to raise the upper limit for the so-called independent ground for applying temporary detention from 8 to 10 years. “There was a lack of systemic thinking here,” he said. Crimes against the fundamental interests of the Republic, national security, and defense would not all fall into the category where courts could apply temporary detention despite evidence suggesting a high probability of the act.
“Who wrote these provisions? Is this just stupidity, or is there something more to deprive law enforcement, prosecutors, and courts of the possibility of applying temporary detention based on the independent ground of a high penalty?” Bogucki questioned.
Justice Minister’s Response
Justice Minister Waldemar Żurek responded to the presidential veto, emphasizing that the reform aimed to strengthen the right to defense, limit the abuse of temporary detention, which Poland “was famous for” under the Law and Justice government, facilitate access to files, support people with disabilities, and prevent the use of illegally obtained evidence in courts, mentioning the Pegasus system.
“As it turns out, someone has tendencies towards systems other than democracy. This is a clear defense of the old way of thinking about the state: the fewer rights citizens have, the more convenient it is for the authorities,” Żurek wrote. “Such governments will not return, Mr. President (Vetomat).”