KARY DYSCYPLINARNE W USTAWIE O RADCACH PRAWNYCH
DISCIPLINARY PENALTIES IN THE ACT ON ATTORNEYS-AT-LAW

A SYSTEMS ANALYSIS

Summary/Abstract: The study concerns the system of disciplinary penalties in the Act of 6 July 1982 on attorney-at-law (Journal of Laws of 2020, item 75, as amended). The Act provides for the penalties of admonitions, reprimands, fines, suspension or revoking of law practicing or trainee’s rights, as well as the prohibition of patronage. Apart from penalties, additional measures may be imposed which act as penal measures known to criminal law. The normative status of both is not clear in the constitutional sense. Undoubtedly, they are repressive in nature, although due to the imprecise definition of a disciplinary tort, they may raise objections from the point of view of the rules of nullum crimen and nulla poena sine lega. Both the axiological structure of the catalog of punishments and the details of their adjudication and execution raise a number of unresolved doubts in the literature. There is also no clear method of determining the amount of the fine, especially for acts that are extended in time, as well as the method of calculating the length of the prohibitions set out in the Act. The study is an attempt to assess the legal nature of penalties and measures indicated in the Act, as well as to resolve the interpretation doubts indicated above.

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