Legal opinion on making available documents which are being delivered to a Deputy’s office Cover Image

Opinia prawna w sprawie udostępniania osobom trzecim pism wpływających do biura poselskiego
Legal opinion on making available documents which are being delivered to a Deputy’s office

Author(s): Wojciech Odrowąż-Sypniewski
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Kancelaria Sejmu
Keywords: parliamentary immunity; mandate; Deputy

Summary/Abstract: The author states that a Deputy does not have an obligation to make available document received from a private person, regardless the content of the document. Parliamentary immunity, according to the author, does not release the Deputy from an obligation to testify as a witness or does not release the Deputy from an obligation to provide public authorities with a document which may serve as an evidence. However, pursuant to Article 21 the Act on the Exercise of the Mandate of a Deputy or Senator, the Deputy might refuse to provide information about a person who has provided an information to a deputy. This principle applies to civil procedure, criminal procedure and other investigative procedures that include an obligation to testify. The scope of this privilege contains also the possibility of refusing to issue a document received within limits of exercising of the mandate whose content would reveal information of a deputy’s informer.

  • Issue Year: 2017
  • Issue No: 54
  • Page Range: 159-166
  • Page Count: 9
  • Language: Polish
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