Chapter 11
PROCEEDINGS IN RELATION TO THE DISCIPLINING OF DEPUTIES AND TO MATTERS OF DEPUTIES' ACCOUNTABILITY FOR OFFENCES OR MISDEMEANOURS, AS WELL AS THEIR ARREST OR DETENTION
Article 131
1. The case of any Deputy who is charged with breach or non-performance of the obligations specified in Articles 33-35 of the Act on the Exercise of the Mandate of a Deputy or Senator, shall be referred by the Presidium of the Sejm to the Rules and Deputies' Affairs Committee for consideration.
2. After consideration of a matter, the Committee shall present to the Presidium of the Sejm a report including an opinion on the matter and the draft of a possible resolution, as referred to in Article 21, or an application to discontinue proceedings in respect of the charges.
3. The Deputy subject to the charges shall have the right to participate in the sitting of the Committee which considers the charges; he shall also have the right to speak at any stage of the proceedings.
Article 132
1. The case of a Deputy who has been charged with failing to perform his duties as a representative, shall be referred by the Presidium of the Sejm to the Rules and Deputies' Affairs Committee for consideration.
2. Appeals from such resolution of the Committee shall be submitted through the chairperson of the Committee who shall present it to the Presidium of the Sejm, enclosing materials from the sitting (sittings) of the Committee in relation to the matter. The Presidium of the Sejm may, additionally, seek the opinion of the club or group to which the Deputy belongs.
Article 133
1. A motion for grant of permission to bring a Deputy to accountability for commission of offences or misdemeanours or to grant permission to arrest or detain him, shall be filed with the Presidium of the Sejm, which shall refer such motion to the Rules and Deputies' Affairs Committee for consideration.
2. The Committee shall notify a Deputy against whom such a motion has been moved, about the substance of the motion and the time limit for its consideration by the Committee.
3. A Deputy, against whom a motion has been moved, shall present to the Committee, in writing or orally, explanations and his own observations relating to the case.
4. Upon consideration of the case, the Committee shall adopt a report together with a proposal to accept or reject the motion.
5. The report of the Committee shall be immediately delivered to the Deputies.
6. The Sejm shall examine the report of the Committee by hearing only a Rapporteur. The right to speak shall also be granted to the Deputy against whom the motion has been moved. The report shall not be subject to discussion.
7. The Sejm, upon consideration of the report, shall decide, by a two-thirds majority vote in the presence of at least half of the total number of Deputies, whether the Deputy should be held accountable for commission of offences or misdemeanours or arrested or detained.
8. The Sejm may, by the same resolution, indicate that the appropriate court to consider the matter of any crime is the court competent for the City-Centre district of the Warsaw Central commune.
9. Any such resolution shall be published in the Official Gazette of the Republic of Poland - "Monitor Polski".
Article 134
If an authorized organ has submitted a motion for grant of permission to bring a Deputy to criminal accountability for commission of an offence of disclosure of State or official secrets, the Presidium of the Sejm shall assume against him the tasks of the Rules and Deputies' Affairs Committee, as referred to in Article 133.Article 135
The provisions of Article 134 shall apply, as appropriate, to any Deputy - a member of the Deputies’ Ethics Committee, where there has been a breach of official secrecy.Article 136
In cases referred to in Articles 132 - 135, a Deputy may appoint a counsel for his defence from amongst the Deputies.