Legislator Case Law & Legislation
II Kow 1247/19 AI generated

Disciplinary penalty upheld for prisoner refusing cell entry and self-harming in Polish prison.

Case Number II Kow 1247/19
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Court of Appeal in Sieradz upheld the prison director's disciplinary decision against prisoner K.K. for four violations, including refusing cell entry and attempting to assault staff. The prisoner initially blamed administration but later admitted to two incidents while remaining silent on the others. The court found no evidence of administrative manipulation and deemed the isolation penalty appropriate given the escalation to self-harm and violence.

Legislator headnote

AI generated

Art. 7 § 5 k.k.w.; Art. 10 § 1 k.k.w.: A disciplinary penalty imposed by a prison director for violations of internal regulations is valid if based on established facts, and the court reviewing the appeal must verify procedural compliance and proportionality without re-evaluating the factual basis absent evidence of error.

Keywords

AI generated
prison disciplinary penalty prisoner self-harm refusal of cell entry administrative appeal proportionality of sanction prison internal regulations evidence of misconduct

Cited Legislation

AI generated
Art. 7 § 5 k.k.w.
Art. 10 § 1 k.k.w.
AI generated

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