Director acquitted of sexual crime offense for failing to check registry before hiring employees since employment relationship started earlier.
Poland (PL)
Legislator summary
AI generatedThe court acquitted the daycare director of a sexual crime offense for failing to obtain criminal registry information before hiring employees. Although inspectors found missing documents during a 2025 audit, the defendant argued the employees had been continuously employed since 2022 with prior clearances. The court rejected the inspectors' testimony regarding the start date, ruling that the employment relationship legally began in 2022, not the audit date, thus the statutory duty to check had already been fulfilled.
Legislator headnote
AI generatedUstawa o przeciwdziałaniu zagrożeniom przestępczością na tle seksualnym art. 21 ust. 1; Art. 26 k.p.: The obligation to verify the criminal registry arises only upon the establishment of an employment relationship, which is determined by the start date specified in the contract, not the date of contract signing or subsequent inspections.