Annex: Draft ACT of ...................... 2015 amending the Act on the Commissioner for Human Rights and certain other Acts85 Article 1. In the Act of 15 July 1987 on the Commissioner for Human Rights (consolidated text: Journal of Laws [Dz. U.] of 2014 item 1648 as amended), the following Articles 7a–7g shall be inserted after Article 7: “Article 7a. The Commissioner shall not be held criminally liable or deprived of liberty without the prior consent of the Sejm. The Commissioner shall not be detained or arrested, except in flagrante delicto and in cases where his or her detention is necessary for ensuring the proper course of proceedings. The Marshal of the Sejm shall be immediately notified of the detention and may order an immediate release of the detainee. Article 7b. In the case of acts covered by immunity, the period of limitation in criminal proceedings does not run until the immunity expires. Article 7c. 1. A request for approval to initiate proceedings to hold the Commissioner criminally liable in cases of publicly prosecuted offences shall be submitted through the Minister of Justice. 2. A request for approval to initiate proceedings to hold the Commissioner criminally liable in cases of private prosecution offences shall be submitted by the private prosecutor after the case has been brought to court. 3. The request referred to in para. 2 above shall be drawn up and signed by an attorney-atlaw or legal counsel with the exception of requests submitted in their own cases by judges, public prosecutors, attorneys-at-law, legal counsels, notaries public and professors and associate professors [Polish: “doktor habilitowany”] of law. 4. The requests referred to in paras. 1 and 2 above should: 85 This Act amends the following Acts: the Act of 15 July 1987 on the Ombudsman, the Act of 23 December 1994 on the Supreme Chamber of Audit, the Act of 9 May 1996 on the Discharge of Duties by Deputies and Senators, the Act of 29 August 1997 on Personal Data Protection, the Act of 18 December 1998 on the Institute of National Remembrance – Commission for the Prosecution of Crimes Against the Polish Nation, and the Act of 6 January 2000 on the Ombudsman for Children. 1

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