Legislator Case Law & Legislation
III SZ 9/00 AI generated

Supreme Court dismisses disciplinary appeal due to assigning acts outside the indictment's scope.

Case Number III SZ 9/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court of Poland quashed the disciplinary decision against an attorney for assigning acts not covered by the formal indictment. The court found that the disciplinary body attributed responsibility for actions occurring before the press release, whereas the indictment specifically charged the attorney with signing the declaration after publication. Consequently, the court ruled that the proceedings violated the principle of legality regarding the scope of the accusation.

Legislator headnote

AI generated

Art. 439 § 1 pkt 5 KPK; Art. 17 § 1 pkt 9 KPK: The court must quash a disciplinary decision if the assigned acts fall outside the scope of the accusation defined in the indictment and modified during the trial.

Keywords

AI generated
principle of legality scope of accusation disciplinary proceedings attorney ethics procedural violation

Cited Legislation

AI generated
Art. 439 § 1 pkt 5 KPK
Art. 17 § 1 pkt 9 KPK
Art. 537 § 1 KPK
Art. 537 § 2 KPK
Art. 91a of the Lawyers Act
Art. 436 KPK
Art. 518 KPK

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