Legislator Case Law & Legislation
IV Pa 49/19 AI generated

Court dismisses appeal against sentence for illegal detention of a foreign national in Poland.

Case Number IV Pa 49/19
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Regional Court in Siedlce upheld the first-instance judgment ordering the release of the appellant, a foreign national detained for illegal entry. The appellant argued that the detention violated his rights under Polish law and international treaties, while the prosecution contended the measure was necessary for border control. The court rejected the appeal, ruling that the administrative detention was lawful and proportionate given the specific circumstances of the illegal entry.

Legislator headnote

AI generated

Art. 10 ust. 1 k.k.; Art. 10 ust. 2 k.k.: Administrative detention of a foreign national for illegal entry is lawful if it is necessary, proportionate, and based on statutory grounds, thereby rejecting claims of violation of fundamental rights.

Keywords

AI generated
illegal entry administrative detention foreign national proportionality principle border control appeal dismissal criminal procedure

Cited Legislation

AI generated
Art. 10 ust. 1 k.k.
Art. 10 ust. 2 k.k.

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Full text

wyrok Sądu Rejonowego w Siedlcach zgodny z prawem, apelacja strony pozwanej podlega oddaleniu.