Supreme Court dismisses appeal, ruling temporary arrest does not mandate dismissal from prison service.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court of Poland dismissed the extraordinary review filed by the Minister of Justice against a decision to dismiss a prison officer. The officer argued that his dismissal violated his rights, while the prosecution had initiated criminal proceedings against him for intentional crimes. The court held that temporary arrest or the initiation of criminal proceedings are not grounds for mandatory dismissal under the Prison Service Act, as such events only warrant suspension pending trial.
Legislator headnote
AI generatedArt. 39 ust. 2 pkt 4 i ust. 3 pkt 2 i 5 w związku z art. 37 ustawy o Służbie Więziennej; Temporary arrest or the initiation of criminal proceedings against a prison officer do not constitute grounds for mandatory dismissal from service, as the law requires a specific finding of serious interest to the service.