October 30 last year. The singer had to certify to the lender that he had the funds to repay the loan. The court of first instance found that this was not true, for which the musician received an invalid prison sentence of one and a half years and had to pay a fine of PLN 80,000.
Already then he announced that an application for written justification would be submitted, and in further steps – if justified – an appeal. “” informs that Wi¶niewski is waiting for the date of the next trial, this time before the Court of Appeal.
Michał Wiśniewski appeals against the verdict
The legal path followed by Micha³ Wi¶niewski is in no way different from the one available to every citizen. Court judgments can be appealed, and the musician also took advantage of this right.
The case regarding Michał Wiśniewski was registered at the Court of Appeal in Warsaw. The case is waiting for a date to be set – representatives of the press office at the Warsaw Court of Appeal told “Fakt”.
“Fakt” also talked to the musician’s defense attorney. He emphasizes that until a final judgment is passed, Michał Wiśniewski is legally innocent. He also adds that the judgment of the court of first instance was “incorrect because there were also procedural errors.”
This is one of the arguments that will appear before Polish courts in the coming years. The so-called took part in passing the sentence on Michał Wiśniewski. neo-judge, i.e. a person appointed by the National Council of the Judiciary to be appointed to the position of judge by the president. The problem is that the National Council of the Judiciary was highly politicized during the Law and Justice era, which means that there may be justified doubts about the independence of the judges appointed by it. And this is what this “procedural error” would be in the matter of the first judgment in the Wiśniewski case – the second-instance court will also have to address the issue of whether the judge assigned to the musician’s case had the right to issue judgments on behalf of the state. A person who was appointed to a position incorrectly and who may be suspected of not being independent (and this would result from the Supreme Court’s ruling of 2019: “the current National Council of the Judiciary is not an impartial body and independent of the bodies of the legislative and executive power”), is not can issue judgments in Poland.
The problem concerns not only Michał Wiśniewski. “Neo-judges” have been issuing judgments for several years and, as you can read on the website, “the problem is beginning to overwhelm the courts.” This concerns not only applications to exclude specific judges (assigned automatically) from cases due to the defectiveness of their appointment, but also justifications for appeals – they already contain indications of “procedural errors”, i.e. the issuance of a judgment by or with the participation of a person , who had no powers.
Source: Gazeta
Bruce is a talented author and journalist with a passion for entertainment . He currently works as a writer at the 247 News Agency, where he has established himself as a respected voice in the industry.
