Legislator Case Law & Legislation
II Kow 1418/19 AI generated

Court dismissed appeal against prison disciplinary fine for missing morning roll call, upholding decision.

Case Number II Kow 1418/19
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The court dismissed the defense's appeal against a prison director's disciplinary decision imposing a three-month food package ban on an inmate for missing two morning roll calls. The defense argued violations of procedural rules regarding written decisions and disproportionate punishment given the inmate's mental health struggles. The court rejected these claims, finding the decision was properly documented, served, and that the penalty was appropriate for repeated non-compliance without evidence of severe mental illness.

Legislator headnote

AI generated

Art. 144 § 4 k.k.w.; Art. 145 § 1 k.k.w.: The court must verify that disciplinary decisions comply with statutory requirements; a penalty is not disproportionate if the violation is repeated and the inmate knowingly disregarded clear regulations, even if mental health issues are alleged but unproven.

Keywords

AI generated
prison disciplinary proceedings proportionality of punishment written decision requirement morning roll call violation mental health defense individualized sentencing administrative penalty

Cited Legislation

AI generated
Art. 144 § 4 k.k.w.
Art. 145 § 1 k.k.w.
art. 144 § 4 k.k
art. 145 § 1 k.k
art. 145 k.k
AI generated

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