Justice Minister Waldemar Żurek criticized presidential aide Karol Nawrocki’s veto of a criminal procedure reform, calling it a defense of “systems other than democracy.”
Nawrocki Vetoed Criminal Procedure Reform
On Friday, presidential spokesman Rafał Leśkiewicz announced that Karol Nawrocki decided to veto the February 27 amendment to the Code of Criminal Procedure – a comprehensive reform concerning the prohibition on using illegal evidence and limiting pre-trial detention.
Justice Minister’s Response
Justice Minister Waldemar Żurek responded on Saturday on the X portal, emphasizing that the reform was to strengthen the right to defense and limit the abuse of pre-trial detention, which Poland “was famous for” during the Law and Justice government. Żurek wrote that “someone has an inclination to systems other than democracy” and added, “Such governments will not return, Mr. President (Veto-mate).”
Key Aspects of the Reform
The amendment included changes to pre-trial detention rules, raising the upper limit of severe imprisonment penalties from 8 to 10 years while limiting detention to 12 months. It also proposed returning to provisions from before PiS governments, where pre-trial detention couldn’t be applied for offenses punishable by imprisonment not exceeding 2 years (now 1 year).
Changes Regarding Evidence
The reform addressed the use of illegally obtained evidence in criminal proceedings. The current Kpk provision allows evidence obtained through prohibited acts unless connected with serious crimes like murder. The vetoed amendment would have explicitly prohibited using evidence obtained through prohibited acts and restricted the use of evidence from operational control to specific cases.
Definition of a Suspect
A significant change concerned the definition of a suspect. The vetoed reform would have considered someone a suspect if there was sufficient evidence and a procedural act aimed at prosecuting them. Currently, a suspect is defined as someone against whom charges have been formally presented or who has been interrogated as a suspect.
