Legislator Case Law & Legislation
DE FR IT EN
Analyze in Legislator
III SW 347/10 AI generated

Supreme Court dismissed election protest against President's vote due to failure to prove bribery claims.

Case Number III SW 347/10
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court of Poland decided to express an opinion that the election protest filed by Damian U. was unfounded. The petitioner alleged that a prison officer coerced him into voting for Jarosław Kaczyński by threatening a change in his prison regime, but witnesses denied any such interaction occurred. The court rejected the protest because the petitioner failed to meet the burden of proof in the non-criminal procedure and provided contradictory statements regarding the candidate involved.

Legislator headnote

AI generated

Art. 72 ust. 1 ustawy o wyborze Prezydenta RP; Art. 73 ust. 3 ustawy o wyborze Prezydenta RP: In election protest proceedings, the court lacks competence to adjudicate on the commission of a crime and may only express an opinion on whether the alleged event occurred, requiring the protester to prove their claims under civil procedure rules.

Keywords

AI generated
election protest procedure burden of proof non-criminal proceedings voter coercion Supreme Court competence

Cited Legislation

AI generated
Art. 72 ust. 1 of the Act of 27 September 1990 on the Election of the President of the Republic of Poland
Art. 73 ust. 3 of the Act of 27 September 1990 on the Election of the President of the Republic of Poland
Art. 74 ust. 1 of the Act of 27 September 1990 on the Election of the President of the Republic of Poland
Art. 250 of the Criminal Code
Art. 75 ust. 1 of the Act of 27 September 1990 on the Election of the President of the Republic of Poland
Art. 232 of the Code of Civil Procedure
Art. 13 § 2 of the Code of Civil Procedure
Art. 76 § 2 of the Act on the Execution of Sentences of Imprisonment
Art. 7 of the Act on the Execution of Sentences of Imprisonment
art. 250 k.k

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text