A Minor Disciplinary Breach in the Polish Legal System
Journal Title: Białostockie Studia Prawnicze - Year 2017, Vol 0, Issue 22
Abstract
Th e aim of the article is to present four models of “a minor disciplinary breach” in some normative acts of the Polish legal system. Th e author concludes that the interpretation of the concept of “a minor disciplinary breach” should derive from the concept of “a less serious crime” and include components of the term “social harmfulness of an act”. Th e thesis is to prove that the interpretation of the concept of disciplinary minor off ences uses the interpretation of the concept of a less serious crime and includes the components of the term “social harm of the act”. Th e legislator requires to impose this measure when it is unnecessary to apply stricter sanctions and disciplinary proceedings should not be initiated. In this case, the guilty party should be punished with the mildest disciplinary sanction and he or she may appeal against admonition. Th e conclusions propose solutions de lege ferenda relating to the interpretation of the term of “a minor disciplinary off ence” and explain problems associated with appealing against rulings rendered in disciplinary proceedings in the context of some rules of the criminal procedure.
Authors and Affiliations
Paweł Czarnecki
Keywords
Related Articles
- EP ID EP337564
- DOI 10.15290/bsp.2017.22.01.02
- Views 50
- Downloads 0
Promoting the Culture of Lawfulness by Teaching about Transnational Organized Crime
Th e mention of “culture of lawfulness” in the Doha Declaration of the Th irteenth United Nations Congress on Crime Prevention and Criminal Justice (Qatar, 2015) prompted the United Nations Office on Drugs and Crime to d...
Public Participation in Polish Executive Proceedings in View of Selected European Regulations
The paper presents legal possibilities of public participation in the execution of sentence. It is based on the Polish and other European countries regulations, i.e. French, English, Welsh and German examples. Above-ment...
Characteristics of Selected Institutions of Probation in the Context of the Participation of Non-Governmental Organizations in their Implementation
This article is an attempt at presenting the problem of probation in Poland. It contains a summary of the institutions falling within the defi nition of this concept. The article is divided into three parts. The fi rst t...
Situation of the Incapacitated in Granting Consent to Medical Treatment. Selected Issues
A basic right of each patient is the right to grant consent to medical treatment. A doctor cannot act without the knowledge and will of a patient. Contrary behaviour is treated as illegal. A possibility of using the righ...
When Everything Old is New Again: Amish Career and Technical Education
In this qualitative study, the authors briefl y describe the Amish formal education system, discuss career and technology education in Amish communities and examine the possible transfer of the model to public schools. F...