O SPORNYM PROBLEMIE WŁAŚCIWOŚCI TRYBUNAŁU STANU W ZAKRESIE POCIĄGANIA DO ODPOWIEDZIALNOŚCI KARNEJ CZŁONKÓW RADY MINISTRÓW
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Date
2007
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Wydział Prawa i Administracji UAM
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ABOUT THE DISPUTABLE CHARACTERISTIC OF THE STATE TRIBUNAL ALLOWING IT TO HOLD MEMBERS OF THE COUNCIL OF MINISTERS CRIMINALLY RESPONSIBLE
Abstract
The starting point of the deliberations of the paper is a critical analysis of the main theses o f the
decision of the State Tribunal of 21 February 2001 in which the Tribunal held that members of the
Council of Ministers may be held by the State Tribunal criminally responsible only in the event where
such criminal responsibility relates to (is connected with) constitutional liability. In particular article
156 clause 1 and article 145 of Poland’s Constitution have been analysed and interpreted. It has been
found that article 156 clause 1 plays the key role here, as it contains three independent and unrelated
to each other grounds for holding members of the Council of Ministers criminally responsible by the
State Tribunal.
Further, the following has been established: 1) Members o f the Council o f Ministers may be held
criminally responsible by the State Tribunal only in relation to offences committed when in office.
This results from the fact that the immunity protecting them is of functional character, being at the
same time only partial immunity (in respect of crimes committed in connection with the function performed). 2) Criminal responsibility o f members of the Council of Ministers after their term of office
may only be determined i f criminal proceedings were commenced when a member was still in office.
3) The State Tribunal limits jurisdiction of common criminal courts of law. 4) In respect of the
provisions laid down in articles 17 para 1 point 8 of the code o f criminal procedure it is recognised that
the State Tribunal enjoys a specific characteristic (right) and consequently its competences to
adjudicate about criminal responsibility of certain subjects shall correlate with the institution of
jurisdictional immunity from criminal jurisdiction of common courts of law. 5) In consequence of the
above, the immunity of the Prime Minister and other members of the Council of Ministers is
a jurisdictional immunity, functional, partial and temporary.
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Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny 69, 2007, z. 3, s. 83-96.
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0035-9629