President sends amendment of Criminal Code to Constitutional Tribunal

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"The amendment introduces a broad spectrum of changes to the criminal law. In this regard, the act does not raise concerns of the Polish President, as the legislators' drive to improve the criminal law is understood," reads the communique.

The decision to refer the bill to the Constitutional Tribunal was made in the preventive control mode and "it was justified, first and foremost, by analysis of the legislative procedure".

"The procedure under which the amendment is proceeded raises serious concerns, regarding adhering to constitutional standards of legislative process. The legal safety of the citizens - especially in matters of utmost gravity, such as the criminal law - demands that each normative act, especially a legal code, to be adopted under procedure indicated by the Constitution," the KPRP communique reads.

Furthermore, it was said that "undeniably, due to its repressive nature, the criminal law has a special place in the legal system, and thus must be treated with extraordinarily high standards". "This is mainly due to the social justice principle of the criminal law, as well as the rule connected to it: nullum crimen sine lege (no crime without a law)," the statement reads.

The president's concerns were raised also by one of the provisions enshrined in the amendment, defining the definition of "person fulfilling a public role".

The amendment of the Criminal Code prepared by the Ministry of Justice, enacting stricter punishment for certain crimes, including paedophilia-related, was submitted in the Sejm (lower house) on the 14th of May. Fast pace of works over the amedment was allowed by the Marshal of the Sejm, who allowed it to be done in non-regulatory mode. According to the Chancellery of the Sejm, the amendment was proceeded in line with the house regulations.

Autor: gf / Źródło: TVN24 News in English, PAP