Legal framework outlines limits of the public prosecutor's actions in criminal accountability for Deputies, indicating judicial oversight is essential.
The consent of the Sejm to subject a Deputy to criminal accountability, expressed in a resolution, is commonly understood as a permission to take all procedural actions against the Deputy which do not interfere with the sphere covered by the privilege of inviolability. Decisions made by procedural bodies in preliminary proceedings are subject to judicial control. The Marshal of the Sejm does not have any authority to assess in concreto procedural actions in criminal proceedings. The public prosecutor may amend the procedural determination of the act charged against the Deputy (including supplementing the decision to bring charges), but the limits of such actions are determined by the ontological identity (sameness) of the act included in the motion and the resolution of the Sejm.
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Wojciech Odrowąż‐Sypniewski (2025) studied this question.