IX. The Administration of Justice

Art. 64.

(1) The courts administer justice in the name of the Polish Republic.

C2) By the administration of justice the courts safeguard the legal order of the State and shape respect for the law in the community.

(3) The judges are independent in the discharge of their judicial duties.

(4) The sentences of the courts may not be changed or annulled by other organs of authorities.

(5) The courts have no right to examine the validity of legislative acts, duly promulgated.

Art. 65.

(1) The judges are appointed by the President of the Republic, unless the laws provide otherwise.

(2) The organization of the courts, the independent status of the judges, their lights and duties and salaries shall be defined by laws.

Art. 66.

(1) A judge may be dismissed, suspended, transferred or pensioned off against his will only on the strength of a court decision and in cases prescribed by law.

(2) This principle does not apply, when the transfer of a judge or his pensioning off is caused by a change in the organization of the courts, decided by a legislative act.

Art. 67.

A judge may not be indicted on a criminal charge without the consent of the competent disciplinary court, or arrested without a warrant, unless he was apprehended in the very act of committing an offence.

Art. 68.

(1) No law can bar a citizen from seeking redress in the courts of justice for his injury or damages.

(2) Personal liberty, the inviolability of domicile and the secrecy of correspondence are hereby guaranteed.

(3) A law shall define under what conditions the search of a citizen's person or home may be executed or the secrecy of correspondence be infringed.

(4) No one can be deprived of the court of justice to which he is by law subject, nor punished for a deed not prohibited by law before it was committed, nor too, be detained without a judicial warrant longer than for the term of forty-eight hours.

(5) Extraordinary courts are permissible only in cases foreseen by law.

(6) Laws shall establish the principle that cases in which the penalty has been imposed by an administrative authority, shall on the demand of the defendant be referred to the jurisdiction of the courts.

Art. 69.

(1) The President of the Republic is empowered to grant a pardon by an act of mercy or to modify a punishment imposed by a final court decision and to annul the effects of a sentence.

(2) An amnesty requires a legislative act.

Art. 70.

(1) There are established: (a) the Supreme Court for criminal and civil suits, (b) the Supreme Administrative Tribunal for deciding the legality of administrative acts and, (c) the Tribunal of Competence for the purpose of deciding disputes as to competence between the courts and other organs of authority.

(2) The separate organization of military courts, their competence and procedure, and the rights and duties of the members of these courts shall be defined by laws.

Art. 71.

(1) For the examination of arraignments of Ministers, senators and deputies impeached on the basis of their constitutional responsibility a Tribunal of State is convened, composed of the First President of the Supreme Court as the chairman, and of six judges.

(2) The judges of the Tribunal of State and their deputies are appointed for the period of three years by the President of the Republic from a panel of twice the number of judges from the general courts of justice selected in one-half by the Seym and one-half by the Senate, with equal consideration given to the candidates of each of the Legislative Chambers.