The Polish Sejm took a decisive step by voting to remove the immunity of Marian Banaś, the President of the Supreme Audit Chamber. The move came after a request from the Chief Inspector of Road Transport to hold Banaś criminally liable, tied to a traffic incident in Warsaw where the speed limit in a built-up area was exceeded.
In total, 256 Members of Parliament backed the proposal to pursue criminal liability against Banaś. Opposing votes numbered 165, and 13 MPs abstained from the decision. The petition was filed in May 2022 by the Chief Inspector of Road Transport on the grounds that Banaś was driving and surpassed the speed limit in a Warsaw built-up area by 15 kilometers per hour.
Rule of law and accountability
Two weeks prior to the vote, the Chairman of the Supreme Audit Office addressed members of the Parliamentary Rules Committee. He described the case as clear-cut and conveyed his willingness to pay the speeding fine himself if that were legally possible. Yet the rules in place do not permit the Chairman of the Supreme Audit Office to accept a fine directly. A waiver of immunity by the Sejm is required before any penalties can be imposed, even in a situation where a public official wishes to settle the matter administratively.
Constitutional provisions clarify that the President of the Supreme Audit Office cannot face criminal liability or be deprived of freedom without prior consent from the Sejm. This framework ensures a formal process governs how high-ranking officials may be investigated and charged, maintaining a balance between accountability and constitutional protections.
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MD/PAP
Source: wPolityce