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III Kow 74/18 AI generated

Court dismissed prisoner's appeal against prison director's refusal of leave for legal preparation and family visit.

Case Number III Kow 74/18
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed
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Legislator summary

AI generated

The court upheld the prison director's decision denying the prisoner permission to leave the facility for legal preparation and family meetings. The prisoner argued that no one could assist with documentation or notarization while incarcerated, but the court found sufficient time for preparation given the long duration of the sentence. The court ruled that the director's decision was lawful based on negative criminological prognosis and the fact that the lawyer should have visited the prisoner.

Legislator headnote

AI generated

Art. 141a § 1 k.k.w.; Art. 7 § 5 kkw: The prison director may refuse leave for legal preparation or family visits if the prisoner has adequate time for preparation or if the lawyer should have visited, provided the decision is based on negative criminological prognosis.

Keywords

AI generated
prison leave refusal legal preparation outside criminological prognosis prisoner rights administrative decision family visit denial penitentiary law

Cited Legislation

AI generated
Art. 141a § 1 k.k.w.
Art. 7 § 5 kkw.
AI generated
III CZ 78/22
Supreme Court dismisses appeal when prisoner denied defense rights due to lack of counsel and forced absence.
II Ca 664/13
Appeal court dismissed request to retry final judgment due to lack of statutory grounds and missed deadline.
III Kow 552/18
Court grants conditional early release to drug offender based on good behavior and positive social prognosis.
IV KK 433/24
Supreme Court quashes lower court verdict for failure to notify defendant of trial date, violating defense rights.
IV Kow 456/18
Court grants conditional early release to prisoner based on positive criminological prognosis and good conduct.

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