Legislator Case Law & Legislation
III SZ 7/97 AI generated

Supreme Court quashes disciplinary ruling for using facts outside the indictment and failing to cite specific laws.

Case Number III SZ 7/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court quashed the disciplinary ruling against a pharmacist for relying on facts not included in the original indictment and failing to cite specific legal provisions. The court found that the second-instance decision based its judgment on selling drugs to a foreigner rather than the unlicensed sale to Polish citizens, which contradicted the first-instance findings. Furthermore, the court noted the failure to specify exact violated statutes and the lack of translation for a foreign document, violating procedural rights.

Legislator headnote

AI generated

Art. 372 § 1 pkt 2 KPK; Art. 62 ust. 1 ustawy o izbach aptekarskich: A disciplinary decision cannot be based on facts outside the indictment, and the reasoning must specify the exact legal provisions violated rather than merely listing acts.

Keywords

AI generated
disciplinary proceedings facts outside indictment reasoning requirements specific legal provisions translation of documents procedural fairness pharmacy ethics

Cited Legislation

AI generated
art. 372 § 1 pkt 2 KPK
art. 62 ust. 1 ustawy o izbach aptekarskich
art. 360 § 1 KPK
art. 159 § 2 KPK
art. 387 pkt 2 KPK
art. 46 ust. 3 ustawy o izbach aptekarskich

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