I PKN 573/97
AI generated
Employer not liable for criminal proceedings initiated by employee report under Polish Civil Code.
Legislator summary
AI generatedThe 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 generatedart. 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 generatedart. 24 § 1 KC
art. 256 § 1 Kodeksu postępowania karnego
art. 227 KPC
art. 232 KPC
art. 233 KPC
art. 393 § 12 KPC