I PKN 369/97 AI generated

Polish Supreme Court dismisses defamation claim against prosecutor for suspending him after prior interviews.

Case Number I PKN 369/97

Court / Authority Sąd Najwyższy

Jurisdiction

Poland (PL)

Decision Date 1997-11-25

Outcome Dismissed

Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Polish Supreme Court dismissed the plaintiff's appeal seeking damages for alleged defamation and wrongful suspension by the prosecutor. The plaintiff argued that the suspension and other disciplinary measures were unlawful and caused him health issues, while the prosecutor maintained the actions were legally necessary to address public criticism. The court ruled that the prosecutor's conduct was lawful and within the legal order, thereby rejecting the plaintiff's claims for compensation.

Legislator headnote

AI generated

Art. 24 § 1 KC; Art. 300 KP: The publication of truthful information regarding a prosecutor's suspension does not constitute defamation if the suspension was legally justified, and the burden of proving unlawfulness lies with the plaintiff, not the prosecutor.

Keywords

AI generated

defamation claim prosecutor suspension public criticism disciplinary procedure civil liability burden of proof legal order

Cited Legislation

AI generated

Art. 24 § 1 KC

Art. 300 KP

Art. 71 ust. 3 ustawy o prokuraturze

Art. 50 ust. 1 ustawy o prokuraturze

Art. 216 § 5 KP

Art. 168 KP

Art. 393 § 12 KPC

Polish Supreme Court dismisses defamation claim against prosecutor for suspending him after prior interviews.

Legislator summary

Legislator headnote

Keywords

Cited Legislation

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