The Polish Sejm will vote Friday on whether to override President Andrzej Duda’s veto of a sweeping criminal procedure code amendment.
Presidential Veto and Legislative Context
On Friday, the Sejm will vote on a motion to reject President Andrzej Duda’s veto of the extensive amendment to the Code of Criminal Procedure from February 27th, and other related laws. The reform included provisions banning the use of illegally obtained evidence, limiting the application of preventative detention, and establishing suspect status from the moment of detention.
Changes also concerned the European Arrest Warrant system, confidentiality of communication between suspects and their lawyers, and appeal deadlines.
Rationale Behind the Veto
President Duda issued the veto on March 13th. His spokesperson, Rafał Leśkiewicz, stated that the new regulations could “hinder criminal proceedings, which would be contrary to the interests of citizens and the state’s duty to ensure their safety.” The veto justification cited a lack of clarity and systemic coherence in some of the new solutions.
“A Simple Test of Integrity”
According to the Minister of Justice, the Sejm vote on Friday will be “a simple test of integrity – not towards the government, not towards the president, but towards citizens.” Żurek stated on X (formerly Twitter) that the vote will show “who really wants a fair criminal procedure, and who prefers to continue protecting a state that operates with shortcuts.”
Focus on Citizen’s Rights and Procedural Fairness
The Minister of Justice emphasized that the vetoed amendment was not intended to “protect” anyone, but to limit the abuse of preventative detention, streamline regulations, and “strengthen the citizen’s guarantees in confrontation with the state.” He believes this is why there was “so much political outcry” surrounding the reform.
Rejection of Scare Tactics
“Instead of a discussion of facts, we received scaremongering about pedophiles, terrorists, the border, and everything that can be thrown into one false bag. This is an old method. When there are no arguments against fairer rules, fear-mongering begins,” Żurek assessed.
Accountability and Past Abuses
In the context of the vote, the Minister stated that each parliamentary club will have to answer whether it stands “on the side of the citizen and their rights, or on the side of oppressive regulations abused by the previous government.” He questioned whether parties advocating for economic and individual freedoms are “actually on a short leash from Nowogródzka?”
Scope of the Reform
The solutions adopted by parliament were the result of government, committee, and parliamentary projects relating to criminal proceedings submitted to the Sejm since 2024. Deputy Minister of Justice Arkadiusz Myrcha stated during the Sejm’s work that the amendment was “one of the largest, if not the largest, comprehensive reform of criminal procedure since the introduction of the Code of Criminal Procedure in 1997.”
Voting Requirements
Overriding the President’s veto requires a three-fifths majority vote, with the presence of at least half of the statutory number of MPs.
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