Supreme Court dismisses passport revocation when formal accusation notification is not publicly announced to the suspect.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the extraordinary review regarding the revocation of a passport for a person under preparatory proceedings. The prosecutor argued that the suspect, who was abroad, was subject to proceedings after a formal accusation order was drafted, even though it was never publicly announced. The court ruled that under Polish law, 'preparatory proceedings' against a person require both the drafting and the public announcement of the accusation order; without the announcement, the individual cannot be considered a person against whom such proceedings are conducted, thus barring passport revocation.
Legislator headnote
AI generatedArt. 6 ust. 1 pkt 3 ustawy z dnia 29 listopada 1990 r. o paszportach; Art. 10 ust. 1 ustawy z dnia 29 listopada 1990 r. o paszportach: A person against whom preparatory proceedings are conducted cannot be identified without the public announcement of the order to present charges, rendering passport revocation under these provisions inadmissible.