The Supreme Court has revoked the immunity of prosecutor Magdalena Z. following a 2024 traffic accident in Sieniczno, in which a pedestrian was struck and killed while the prosecutor was distracted by her phone.
The Court’s Decision
On Wednesday, the Supreme Court’s Chamber of Professional Responsibility lifted the immunity of Magdalena Z., a prosecutor from the District Prosecutor’s Office in Sosnowiec. The court determined that the prosecution’s request to proceed with criminal charges was “manifestly justified,” citing sufficient evidence that the prosecutor caused a fatal traffic accident.
Presiding judge Marek Siwek noted that the circumstances of the incident were proven to a degree “even higher” than required for the initial stage of legal proceedings. There were no contradicting accounts regarding the events of the case.
Details of the Fatal Incident
The accident occurred on November 28, 2024, in the village of Sieniczno, Lesser Poland. According to Judge Siwek, the prosecutor failed to maintain proper caution and attention while driving. By focusing on a mobile phone located near the gear lever, she lost control of the vehicle, veered off the road to the right, and struck a woman walking correctly along the shoulder. The victim died the following day due to her injuries.
Procedural Status
Magdalena Z. did not attend the hearing, nor did her legal counsel, who had informed the court of a pending disciplinary proceeding but failed to submit a formal request for postponement. The Supreme Court ruled that there were no obstacles to reaching a decision in her absence.
This resolution is not yet final. The prosecutor or her defense team has seven days from the delivery of the written justification to appeal the decision.
Background and Legal History
Magdalena Z. was appointed head of the newly established Sosnowiec District Prosecutor’s Office in 2021 and served until her dismissal in March 2024. Investigation into the incident had been previously stalled due to her protected status.
In 2025, prosecutor Oliwia Bożek-Michalec prepared charges against Z., but the process was delayed by the requirement to strip her of immunity. In 2026, the new head of the Kraków District Prosecutor’s Office, Joanna Kowalska, temporarily revoked the draft charges to clear the procedural path for the Supreme Court’s intervention.