Kilka uwag o charakterze i zasadach wymiaru kar dyscyplinarnych orzekanych w stosunku do sędziów sądów powszechnych w służbie czynnej
A Few Remarks on the Nature and Principles of the Imposition of Disciplinary Penalties Adjudicated Against Common Court Judges in Active Service

Summary/Abstract: By the Act of 20 December 2019 amending the Act – Law on the system of common courts, the Act on the Supreme Court and some other Acts, changes were made to the catalog of disciplinary penalties provided for judges of common courts and the rules for adjudicating them by introducing Article 109 § 1a of the Law on the system of common courts. Despite the common repressive element, disciplinary penalties differ in nature and severity. In the catalog of disciplinary penalties, they are graded from the mildest to the most severe, from educational, through more and more repressive, to the elimination penalty. The first group consists of the mildest punishments – reprimand and rebuke, which focus on the ethical and educational aspect. The second group consists of more repressive penalties of a financial nature – reduction of the basic salary by 5%–50% for a period from six months to two years and a fine. The third group are penalties concerning the service relationship of a judge, which impede the development of his professional career – removal from the position held and transfer to another place of service. The fourth group is an elimination penalty – dismissal of a judge from office. The conducted analysis shows the existing tendency for disciplinary courts to apply the principles and institutions from the general part of the Penal Code, such as the assumptions of the sentence.

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