Supreme Court quashes disciplinary ruling for using facts outside the indictment and failing to cite specific laws.
Legislator summary
AI generatedThe 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 generatedArt. 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.