Article 42 PDPA
Request for consent to the detention or arrest of the President of the Office

1. The prohibition of detention referred to in Article 38(4) includes any form of deprivation or restriction of personal liberty of the President of the Office by authorities authorized to use coercive measures.

2. A request for consent to the detention or arrest of the President of the Office shall be submitted through the Attorney General.

3. The application referred to in paragraph 2 shall include:

1) designation of the applicant;

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

3) the exact definition of the act and its legal qualification;

4) the legal basis for the application of a particular measure;

5) justification, indicating in particular the necessity of a particular measure.

4. The provisions of Article 41, paragraphs 1 through 8, shall apply mutatis mutandis to the processing of the application referred to in paragraph 2.

5. The Sejm of the Republic of Poland consents to the detention or arrest of the President of the Office by means of a resolution adopted by an absolute majority of the statutory number of deputies. Failure to obtain the required majority of votes means the adoption of a resolution not to consent to the detention or arrest of the President of the Office.

6. The requirement to obtain the consent of the Sejm of the Republic of Poland does not apply to the execution of a sentence of deprivation of liberty imposed by a final court judgment