Legislator Case Law & Legislation
III PO 3/06 AI generated

Supreme Court dismisses appeal where prosecutor's late retirement request is stayed pending case conclusion.

Case Number III PO 3/06
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed Stanisław R.'s appeal against the General Prosecutor's refusal to grant consent for him to continue serving after turning 65. The prosecutor argued that the request was filed late, violating the six-month deadline, and that statutory grounds for continued service were absent. The court ruled that the statutory provision staying service until the conclusion of proceedings applies even when the request is filed late, making the procedural defect non-fatal.

Legislator headnote

AI generated

Art. 69 § 1, 3 u.s.p.; Art. 62a ust. 1 ustawy o prokuraturze: The statutory stay of retirement until the conclusion of proceedings applies even if the request is filed late, and the General Prosecutor cannot grant consent in such cases.

Keywords

AI generated
prosecutor retirement retirement request deadline service stay proceedings Supreme Court appeal procedural defect

Cited Legislation

AI generated
art. 69 § 1 i 3 ustawy z dnia 27 lipca 2001 r. - Prawo o ustroju sądów powszechnych
art. 62a ust. 1 ustawy z dnia 20 czerwca 1985 r. o prokuraturze
art. 39814 k.p.c.
art. 39814 k.p.c

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