Tribunal of State

The Tribunal of State is a separate organ of the judiciary, to whom the following persons can be held constitutionally accountable (accountability for violations of the Constitution or of a statute committed by them within their office or within its scope): members of the executive (in particular, the President of the Republic, members of the Council of Ministers, the President of the National Bank of Poland, the President of the Supreme Chamber of Control, members of the National Council of Radio Broadcasting and Television) as well as Deputies and Senators who infringe upon their obligation not to perform business activity involving any benefit derived from the property of the State Treasury or local self-government or to acquire such property. Members of the Tribunal of State are chosen by the Sejm for the current term of office of the Sejm from amongst those who are not Deputies or Senators. The First President of the Supreme Court is by force of law the chairperson of the Tribunal of State. The deputy chairpersons of the Tribunal and at least a half of the members of the Tribunal should possess the qualifications required to hold the office of judge. Within the exercise of their office as judges of the Tribunal, its members are independent and subject only to the Constitution and statutes. The proceedings instituted in order to hold a person constitutionally accountable are initiated by an interim motion submitted to the Marshal of the Sejm by an authorised subject. The properly submitted motion is referred by the Marshal to the Constitutional Accountability Committee of the Sejm. The latter prepares a report and a motion as to the necessity to hold a particular person accountable or to discontinue the proceedings. Subsequently, the Sejm (or, in the case of the President - the National Assembly) passes a resolution to hold a person accountable, whereupon the Tribunal of State examines the case in two stages. If the committed act does not constitute a criminal offence the Tribunal may punish the individual by depriving him of his passive and active electoral rights (for a period of 2 to 10 years), or by prohibiting him from occupying managerial positions. The Tribunal may content itself with ascertaining the guilt of the accused. If the committed act is a criminal offence then the Tribunal imposes the punishment specified by penal statutes.