Legislator Case Law & Legislation
II Kow 139/19 AI generated

Court dismissed prisoner's disciplinary appeal, upholding isolation penalty for refusing cell entry.

Case Number II Kow 139/19
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The court upheld the prison director's decision to impose a 14-day isolation penalty on the prisoner for refusing to enter his assigned cell. The prisoner argued that his prior report of a conflict was ignored and that the sanction was excessively harsh. The court rejected these claims, noting the prisoner admitted to the disciplinary breach and finding the penalty proportionate given the frequency of prior warnings.

Legislator headnote

AI generated

Art. 143 k.k.w.; Art. 145 k.k.w.; Art. 147 k.k.w. The disciplinary sanction imposed by the prison director is valid if it addresses a disciplinary breach, is issued within the statutory timeframe, falls within the statutory catalogue of penalties, and is not grossly excessive.

Keywords

AI generated
disciplinary sanction prison regulation isolation penalty proportionality test prisoner appeal cell entry refusal administrative review

Cited Legislation

AI generated
Art. 143 k.k.w.
Art. 145 k.k.w.
Art. 147 k.k.w.
AI generated

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