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The President of Poland’s immunity in criminal matters

dc.abstract.enThe issue analysed by the author is that of the institution of Presidential immunity pertaining to the President of the Republic of Poland, and operating in such a way that a sitting President cannot be held criminally liable before a common court for acts tantamount to offences. Inclining towards the essence of this solution and its consequences when it comes to respect for constitutional principles of legalism and equality before the law, the author at the same time seeks to assess the completeness of the provisions in effect in Poland, in so doing identifying a lack of clear directives as to how a former President (i.e. one who has left office) is to be held criminally liable. The conclusion reached by the author can be said to boil down to a recognition that the liability of a former President before Poland’s Tribunal of State for offences or crimes committed is of an accessory nature where common courts are concerned, with the condition underpinning recognition of the Tribunal’s primacy in matters of jurisdiction being the National Assembly’s adoption of a Resolution holding a former President liable constitutionally, and potentially at the same time initiating action in respect of given offences. Any lack of such a National Assembly Resolution must give rise to a particular kind of reactivation – in respect of the former President – of jurisdiction in the dispensing of justice by common courts, given the fact that one of the negative procedural premises has ceased to be non-applicable. Thus, unlike in the case of a President still holding office, the cognition of the Tribunal of State in relation to a former President is neither exclusive nor automatic. Such observations have also stimulated work bythe author to develop de lege ferenda postulates regarding the subject matter, as set against the wider background of Poland’s political and constitutional system.
dc.affiliationUniwersytet Warszawski
dc.contributor.authorMistygacz, Michał
dc.date.accessioned2024-01-26T10:31:15Z
dc.date.available2024-01-26T10:31:15Z
dc.date.issued2021
dc.date.openaccess0
dc.description.accesstimeAFTER_PUBLICATION
dc.description.financeŚrodki finansowe, o których mowa w art. 365 pkt. 2 ustawy
dc.description.versionFINAL_PUBLISHED
dc.description.volume61
dc.identifier.issn1640-8888
dc.identifier.urihttps://repozytorium.uw.edu.pl//handle/item/122890
dc.identifier.weblinkhttp://www.studiapolitologiczne.pl/The-President-of-Poland-s-immunity-nin-criminal-matters,143450,0,2.html
dc.languageeng
dc.pbn.affiliationsecurity studies
dc.relation.ispartofStudia Politologiczne
dc.relation.pages76-99
dc.rightsCC-BY
dc.sciencecloudnosend
dc.subject.enPresident
dc.subject.enimmunity
dc.subject.enoffence
dc.subject.enaccountability
dc.subject.encriminal liability
dc.subject.enconstitutional tort
dc.titleThe President of Poland’s immunity in criminal matters
dc.typeJournalArticle
dspace.entity.typePublication