II AKa 170/21
AI generated
Appeal court dismisses disciplinary penalty against auditor due to new facts showing removal from register.
Poland (PL)
Legislator summary
AI generatedThe appeal court dismissed the disciplinary penalty against the auditor J. G. because new facts emerged showing her removal from the register of auditors. The first-instance court had convicted her under the auditors' law, but the Polish Chamber of Auditors subsequently ruled that her removal made the disciplinary proceedings without an object. The court held that this new circumstance legally necessitates the termination of the proceedings, rendering the original conviction void.
Legislator headnote
AI generatedArt. 17 § 1 pkt 11 k.p.k.; Art. 439 § 1 pkt 2 k.p.k.; Art. 171 of the Auditors Act; When a disciplinary proceeding becomes without an object due to the removal of the accused from the relevant register, the proceedings must be terminated.
Keywords
AI generated
disciplinary proceedings
removal from register
without object
termination of proceedings
auditors law
new facts
dismissal of penalty
Cited Legislation
AI generatedArt. 17 § 1 pkt 11 k.p.k.
Art. 439 § 1 pkt 2 k.p.k.
Art. 171 of the Auditors Act
art. 438 pkt 1 k.p.k
art. 438 pkt 2 k.p.k
art. 438 pkt 3 k.p.k
art. 438 pkt 4 k.p.k
art. 439 k.p.k
art. 437 § 2 k.p.k
art. 454 § 1 k.p.k
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