Legislator Case Law & Legislation
I PKN 573/97 AI generated

Employer not liable for criminal proceedings initiated by employee report under Polish Civil Code.

Case Number I PKN 573/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the plaintiff's cassation appeal against a lower court ruling that rejected his civil claim for damages. The plaintiff argued that the employer's decision to report his alleged theft triggered criminal proceedings that ultimately led to his dismissal and loss of future employment prospects. The court held that the employer's act of reporting the crime was lawful under the Criminal Procedure Code and did not constitute a tortious act under the Civil Code.

Legislator headnote

AI generated

art. 24 § 1 KC; art. 256 § 1 KpK: The employer is not liable for damages resulting from criminal proceedings initiated by a report of a crime committed by an employee, provided the report was made in accordance with the statutory duty to inform authorities.

Keywords

AI generated
employer liability criminal procedure tortious act employee reporting civil code duty to inform unlawful dismissal

Cited Legislation

AI generated
art. 24 § 1 KC
art. 256 § 1 Kodeksu postępowania karnego
art. 227 KPC
art. 232 KPC
art. 233 KPC
art. 393 § 12 KPC

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