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Law and Justice wants changes to the constitution. There is a bill

Law and Justice wants changes to the constitution. There is a bill

Ast said that “in a situation where the consent of the Sejm and Senate was needed to bring deputies, senators and, of course, judges to criminal liability for common crimes”, we propose to amend Art. 105 of the Constitution on the immunity of parliamentarians, and Art. 181 of the Constitution on the immunity of judges.

As he added, “if this proposal is adopted, MPs and senators will not be held responsible only for those activities related to the performance of the parliamentary mandate.”

The announcement of such a law had already been made by the president of the party himself. Jarosław Kaczyński on the lifting of formal immunities for parliamentarians and judges, he spoke during the last few weekend meetings with residents of various cities. In his opinion, the material immunity must be preserved, because the deputy cannot be held criminally responsible for how he votes or for what he says from the rostrum. On the other hand, as Kaczyński said, immunity should not protect in such cases where, for example, a MP or judge steals or drives a car while drunk.

How does immunity protect parliamentarians?

Pursuant to the constitution, formal immunity protects a deputy or senator from being held criminally responsible without the consent of the Sejm or Senate. It covers all acts committed by a parliamentarian, in particular acts other than those resulting from the exercise of a mandate, and extends to the entire criminal procedure.

A parliamentarian is also protected by substantive immunity – which means that he cannot be held responsible for his activities falling within the scope of exercising a deputy’s mandate (e.g. appearances in parliament, voting, legislative initiatives) – either during its term or after its expiry .

The bill to amend the constitution is passed by the Sejm by a majority of at least two-thirds of the votes in the presence of at least half of the statutory number of deputies (with a full turnout it is 307 votes) and by the Senate by an absolute majority of votes in the presence of at least half of the statutory number of senators.

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