Article 40 PDPA
Request for consent to the prosecution of the President of the Office

1. A request for consent to prosecute the President of the Office in a case of a crime prosecuted by public indictment shall be submitted through the Prosecutor General.

2. The request for consent to prosecute the President of the Office in a case of a crime prosecuted by private prosecution shall be submitted by a private prosecutor, after the indictment is filed in court.

3. The application referred to in paragraph 2 shall be prepared and signed by an attorney or legal counsel, except for applications submitted in their cases by judges, prosecutors, attorneys, legal advisors, notaries, and professors and doctors of habilitated legal sciences.

4. The applications referred to in paragraphs 1 and 2 shall include:

1) the designation of the applicant and the attorney, if appointed;

2) the name and date and place of birth of the President of the Authority;

3) indication of the legal basis for the request;

4) precise definition of the act to which the application relates, indicating the time, place, manner and circumstances of its commission and the consequences, in particular, the nature of the resulting damage;

5) justification.