Legislator Case Law & Legislation
III SZ 13/01 AI generated

Supreme Court dismisses disciplinary proceedings initiated ex officio due to lack of authorized complainant's request.

Case Number III SZ 13/01
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the disciplinary proceedings against a lawyer initiated ex officio by the disciplinary council. The lower courts had imposed sanctions despite the absence of a formal complaint or request to start the procedure from the authorized disciplinary ombudsman. The court ruled that initiating such proceedings without a proper request violates the principle of admissibility and mandates the dismissal of the case.

Legislator headnote

AI generated

Art. 681 of the Lawyers Act; Art. 17 § 1 pkt 9 of the Criminal Procedure Code: Disciplinary proceedings may only be initiated upon a request by the authorized disciplinary ombudsman; ex officio initiation is inadmissible and requires dismissal.

Keywords

AI generated
ex officio initiation disciplinary proceedings authorized complainant admissibility principle dismissal of proceedings lawyer ethics procedural requirement

Cited Legislation

AI generated
Art. 681 of the Lawyers Act
Art. 17 § 1 pkt 9 of the Criminal Procedure Code
Art. 439 § 1 pkt 5 of the Criminal Procedure Code
Art. 536 of the Criminal Procedure Code
Art. 626 of the Lawyers Act

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