II Kow 1085/21 AI generated

Court partially allowed appeal against prison food ration ban, replacing it with a warning for minor hygiene violations.

Case Number II Kow 1085/21

Court / Authority Sąd powszechny

Jurisdiction

Poland (PL)

Decision Date 2021-09-23

Outcome Partially Allowed

Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The court partially overturned the prison director's decision to ban the prisoner from receiving food parcels for one month. While the court upheld the punishment for using vulgar language, it found the food ban excessive for removing a mask during a phone call where communication was difficult due to the mask. Consequently, the court replaced the food ration ban with a warning, allowing mask removal only after sanitizing the phone and obtaining staff permission.

Legislator headnote

AI generated

Art. 7 § 1 k.k.w.; Art. 7 § 5 k.k.w.: A disciplinary sanction must be proportionate to the offense; while vulgar language warrants punishment, removing a mask during a phone call does not justify a severe penalty like a food ration ban if communication difficulties are present.

Keywords

AI generated

prison disciplinary sanction proportionality of punishment food ration ban mask removal during call vulgar language offense sanitary regulations warning instead of ban