State Court of Justice (Poland)

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Trybunał Stanu State Court
State level Central
position Constitutional body
founding 1921, 1982
Headquarters Warsaw
Chair Małgorzata Manowska
(since May 25, 2020)
Website trybunalstanu.pl

The State Court of Justice ( Trybunał Stanu in Polish ) is a court in the Republic of Poland in criminal matters against members of state organs. It only examines violations of the constitution that are relevant to criminal law. Next to it is the Constitutional Court , which in principle only examines violations of constitutional law outside of criminal law.

history

The State Court followed on from the State Court of the Second Polish Republic, which was introduced with the March Constitution in 1921. Until the German attack on Poland, the latter only dealt with one single case, which ended without a guilty verdict with a rejection of the matter to the then Finance Minister Gabriel Czechowicz , who was accused of unconstitutional use of the budget surplus, to the Sejm. He no longer dealt with the case within the legislative period, so that it was automatically discontinued when it ended.

After the German attack on Poland, the State Court ceased its work. It was not set up again until 1982. During the final phase of the People's Republic, he dealt with only one case, against the former Prime Minister Piotr Jaroszewicz and his deputy Tadeusz Pyka . The proceedings were closed in 1984.

The State Court of Justice pronounced the only judgments in the 1997 alcohol affair. Czesław Kiszczak , Andrzej Wróblewski and Aleksander Mackiewicz were acquitted, Dominik Jastrzębski and Jerzy Ćwiek were convicted.

The proceedings against former Finance Minister Emil Wąsacz were closed in 2006.

Legal basis

The legal basis for the jurisdiction and activity of the Supreme Court is the Polish Constitution and the Law on the State Court.

Judge

The chairman is the First Court President of the Supreme Court . Other judges are two representatives of the chairman and sixteen judges who are appointed by the Sejm for the duration of its legislative period. You are not allowed to be MPs or senators at the same time. They all enjoy criminal immunity.

Procedure

The following can be charged before the State Court:

The indictment against the president must be decided by the people's assembly with a three-quarters majority. Charges against a senator must be decided by the Senate with an absolute majority. Charges against all other civil servants must be decided by the Sejm with a different majority.

The judgments of the State Court are final. They become final with the announcement. There are no legal remedies.

See also

Web links

Footnotes