VI K 311/15 AI generated

Public official acquitted of negligence for following established administrative practice despite statutory ambiguity.

Case Number VI K 311/15

Court / Authority Sąd powszechny

Jurisdiction

Poland (PL)

Decision Date 2016-10-28

Outcome Dismissed

Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The court acquitted the mayor of two counts of negligence and abuse of power regarding education subsidies. The prosecution argued the mayor exceeded his authority by calculating subsidies based on a specific administrative interpretation, while the defense claimed he acted in good faith following established practice. The court ruled that following a consistent administrative interpretation, even if legally debatable, does not constitute negligence or intentional harm when the official reasonably believed the action was lawful.

Legislator headnote

AI generated

Art. 231 § 1, 3 kk; Art. 9 § 2 kk: A public official is not liable for negligence or intentional harm if they acted based on a reasonable belief in the lawfulness of their actions, even if the legal interpretation was ultimately contested or ambiguous.

Keywords

AI generated

public official negligence administrative interpretation good faith belief subsidy calculation statutory ambiguity abuse of power unintentional act

Cited Legislation

AI generated

Art. 231 § 1 kk

Art. 231 § 3 kk

Art. 12 kk

Art. 9 § 2 kk

Art. 17 § 1 pkt 9 kpk

Art. 640 § 1 kpk

Art. 632 pkt 1 kpk

Art. 632a § 1 kpk

Art. 90 ust. 2b ustawy o systemie oświaty

Cited Case Law

AI generated

WA 32/10

ICa 617/16

II KK 109/14

Supreme Court quashes criminal verdict for clerical error in theft description, remanding case for retrial.

Public official acquitted of negligence for following established administrative practice despite statutory ambiguity.

Legislator summary

Legislator headnote

Keywords

Cited Legislation

Cited Case Law

Need to analyze how this precedent applies to your matter?

Full text