Polish President Karol Nawrocki vetoed amendments to the Criminal Procedure Code, citing concerns over the protection of children, particularly regarding online grooming and serious crimes.
President Vetoes Criminal Procedure Code Amendments
President Karol Nawrocki has vetoed the amended Criminal Procedure Code (KPK). The Presidential Office stated the decision was made with concern for citizen safety and the state’s effectiveness in combating serious crime.
Concerns Over Restrictions on Pre-Trial Detention
The vetoed amendments included provisions limiting the use of pre-trial detention for crimes punishable by up to two years in prison. The KPRP (Presidential Chancellery) argued these provisions would undermine the protection of minors, specifically in cases of online grooming.
Grooming and Crimes Against Children
According to KPRP Chief Zbigniew Bogucki, the new regulations could have prevented pre-trial detention in cases involving harm to a fetus or sexual contact with individuals under 15, including grooming. He stated that such practices would have been, to some extent, protected.
Impact on Serious Crimes and National Security
Bogucki further argued that the amendments would weaken the prosecution of crimes impacting national security, such as terrorism and sabotage, as these offenses often carry sentences of up to eight years, potentially excluding them from pre-trial detention.
Changes to the Definition of “Suspect”
The amendments also proposed changes to the definition of “suspect,” which the KPRP claimed contradicted rulings from the Supreme Court, the National Council of the Judiciary, and other legal bodies, potentially creating legal ambiguities.
Reversal of Previous PiS-Era Changes and Evidence Rules
The proposed changes would have reverted some regulations from the previous Law and Justice (PiS) government, including lowering the threshold for pre-trial detention from eight to ten years of imprisonment. They also addressed the admissibility of illegally obtained evidence.
Illegally Obtained Evidence
The current Criminal Procedure Code allows for the use of illegally obtained evidence under certain circumstances. The proposed amendments would have prohibited the use of any evidence obtained through illegal means, a change the government argued violated the principle of legality and public trust.
Operational Control and Evidence Use
The amendments also clarified the conditions under which evidence obtained through operational control could be used in criminal proceedings, limiting its use to cases where such control is legally permissible.
