III SZ 9/00
AI generated
Supreme Court dismisses disciplinary appeal due to assigning acts outside the indictment's scope.
Legislator summary
AI generatedThe 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 generatedArt. 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 generatedArt. 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