II Kow 186/20
AI generated
Court dismissed prisoner's appeal against disciplinary fine for sleeping during morning roll call due to illness.
Poland (PL)
Legislator summary
AI generatedThe Court of Appeal upheld the prison director's decision to fine the prisoner for failing to attend the morning roll call. The prisoner argued that illness prevented him from standing, but the court found no medical evidence proving his condition made participation impossible. Consequently, the court determined the prisoner's absence was intentional rather than medically necessitated.
Legislator headnote
AI generatedArt. 7 § 5 kkw.; Art. 24 Prawik Wewnętrzny; A prisoner's failure to attend roll call due to illness is only excusable if a doctor's consent allows bed rest, otherwise the absence is deemed intentional.
Keywords
AI generated
prison disciplinary fine
morning roll call
illness exemption
doctor's consent
intentional absence
internal regulations
prisoner rights
Cited Legislation
AI generatedart. 7 § 5 kkw.
pkt 24 Przepisów Porządku Wewnętrznego
Related Decisions
AI generatedII Kow 170/21
Disciplinary fine upheld for prison inmate's unexcused absence; medical excuse rejected due to lack of official certificate.
II Kow 110/21
Disciplinary fine upheld for prisoner refusing cell entry; court found no gross disproportionality.
II Kow 648/19
Court dismissed prisoner's disciplinary appeal, upholding the fine for sleeping during morning roll call.
II Kow 700/21
Court dismisses prison disciplinary decision due to lack of required written justification under Art. 7 K.K.W.
II Kow 17/19
Disciplinary penalty for prison misconduct upheld; prisoner's appeal dismissed due to lack of legal error.