II Kow 1149/21
AI generated
Court allows prisoner's random leave request due to house fire, ruling director's reliance on criminal prognosis insufficient.
Legislator summary
AI generatedThe court overturned the prison director's refusal to grant random leave to a prisoner whose home was destroyed by fire. The prisoner argued he needed time to secure his property, while the director cited a negative social-criminological prognosis. The court held that the statutory requirement for 'particularly important circumstances' was met by the tragic loss of the home, and the director failed to adequately assess the feasibility of securing the property under escort.
Legislator headnote
AI generatedArt. 141a § 1 k.k.w.; Art. 141 § 4 k.k.w.; The director's refusal of random leave based solely on criminal prognosis is invalid when a particularly important circumstance, such as the destruction of a family home, exists and can be resolved under escort.
Keywords
AI generated
random leave
prison director
social-criminological prognosis
particularly important circumstances
family home destruction
escort permission
proportionality principle
Cited Legislation
AI generatedArt. 141a § 1 k.k.w.
Art. 141 § 4 k.k.w.
Cited Case Law
AI generatedWyrok ETPCz z 29 listopada 2011 r. w sprawie G. przeciwko Polsce
Wyrok Europejskiego Trybunału Praw Człowieka z dnia 12 listopada 2002 r. przeciwko Polsce
Related Decisions
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Court dismisses prisoner's appeal for home leave to secure burned house due to negative criminal prognosis and lack of legal ownership.
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Civil court dismisses prisoner's claim for damages regarding poor prison conditions and lack of funeral leave.
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Civil court dismissed plaintiff's claim for damages and compensation due to lack of proven tort elements.