Part II.    PROCEEDINGS IN THE SEJM

Chapter 10

PROCEEDINGS IN RELATION TO MATTERS OF CONSTITUTIONAL ACCOUNTABILITY

Article 127

1. Originating motions to bring persons holding the highest, statutorily established, State offices to constitutional accountability shall be referred by the Marshal of the Sejm to the Constitutional Accountability Committee. In proceedings before this Committee, the provisions of the Code of Criminal Procedure shall apply as appropriate.

2. If an originating motion has not satisfied the requirements established by statute, the Marshal of the Sejm, after seeking the opinion of the Constitutional Accountability Committee, shall call the originator to correct it within a time limit of 14 days.

3. In the event of failure to correct an originating motion within the time limit referred to in para. 2, the Marshal of the Sejm shall take no further steps in respect of the motion.

Article 128

1. The Chairperson of the Constitutional Accountability Committee shall deliver to a person against whom such a motion has been moved a copy thereof, with appendices, and shall set a time limit for submission of an explanation in writing and for moving motions for presentation of evidence.

2. After taking preliminary cognizance of the charges brought, as well as of the explanations and suggestions made by a person indicted, the Committee shall establish the procedure for taking of evidence in the case.

3. A person against whom an originating motion has been moved, and his defence counsel, may take part in those Committee meetings held for taking of evidence, and may also participate in proceedings relating to acts to be done by authority of the Committee.

Article 129

1. The Constitutional Accountability Committee shall submit to the Sejm a report on proceedings conducted together with a motion either to proceed to constitutional accountability or to stop the proceedings in the case. Together with such report, the Committee shall present to the Sejm a motion for selection of prosecutors by the Sejm.

2. A motion to bring a person to constitutional accountability shall contain all such matter as is required by the provisions of the Code of Criminal Procedure in respect of an accusation, and, in the case of a motion to stop proceedings - a factual and legal justification thereof.

3. The report and motions shall be delivered to all Deputies, together with information concerning the provision of the records in the case being the subject of the report, on condition that the records in the case shall be made accessible to Deputies at least 21 days prior to the sitting of the Sejm during which the case is expected to be considered.

4. The Sejm may return the submitted report to the Committee in order to perfect the proceedings; in such case, the Sejm shall determine the manner and scope of further proceedings by the Committee.

Article 130

Resolutions either on bringing a person to constitutional accountability or on stopping such proceedings shall be passed by an absolute majority vote in the presence of at least half of the total number of Deputies.