Court Rejects Prosecution’s Request to Lift Manowska’s Immunity

A three-judge panel at Poland’s Constitutional Tribunal ruled that it lacks a quorum to consider the prosecution’s request to lift the immunity of Supreme Court President Małgorzata Manowska.

Manowska’s Immunity Upheld

A three-judge panel at the Constitutional Tribunal ruled on Friday (29 August) that it does not have the required quorum to consider the prosecution’s request to remove Małgorzata Manowska’s immunity. The panel was chaired by Piotr Andrzejewski, with Józef Zych and Piotr Sak also serving as judges. The panel accepted the defense’s request that 12 tribunal judges, who had been questioned as witnesses, cannot participate in the case due to Article 40, paragraph 1, point 4 of the Criminal Code, which establishes that a judge is automatically excluded from participation in a case if they were a witness to the act being investigated or were questioned as a witness in the same case.

Impact of the Decision

The decision means that there is no panel with the required quorum of at least two-thirds of the 19-member Constitutional Tribunal to consider the prosecution’s request. Thus, the Polish Procurator’s petition to strip the Supreme Court President of her immunity cannot be considered.

Source: Gazeta,

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