Article 41 PDPA
Consideration of an application for consent to the prosecution of the President of the Office

1. A request for consent to prosecute the President of the Office shall be submitted to the Speaker of the Parliament.

2. If the application does not meet the formal requirements referred to in Article 40(3) or (4), the Speaker of the Sejm shall call on the applicant to correct or supplement the application within 14 days, indicating the necessary scope of correction or supplementation. If the application is not corrected or supplemented within the indicated time and scope, the Speaker of the Sejm shall decide to leave the application unprocessed.

3. If the application meets the formal requirements referred to in Article 40 (3) and (4), the Speaker of the Sejm shall direct it to the body of the Sejm of the Republic of Poland competent to consider the application, while notifying the President of the Office of the contents of the application.

4. The authority competent to consider the application shall notify the President of the Office of the deadline for its consideration. No less than 7 days shall elapse between the delivery of the notification and the deadline for consideration of the application, unless there is a case of urgency.

5. At the request of the authority competent to hear the application, the court or the relevant authority before which the proceedings against the President of the Office are pending shall provide access to the files of the proceedings.

6. The President of the Office shall provide the authority responsible for reviewing the application with explanations and his own conclusions on the matter in written or oral form.

7. After reviewing the case, the authority competent to consider the application shall adopt a report with a proposal to accept or reject the application.

8. During consideration by the Diet of the Republic of Poland of the report referred to in paragraph 7, the President of the Office shall have the right to speak.

9. The Sejm of the Republic of Poland gives its consent to the prosecution of the President of the Office by a resolution adopted by an absolute majority of the statutory number of deputies. Failure to obtain the required majority of votes shall mean adoption of a resolution not to consent to criminal prosecution of the President of the Office.