Sentencing a police officer with a valid court verdict for intentional crime and intentional fiscal crime, prosecuted by a public prosecutor as a basis of dismission from service in the Police Cover Image

Skazanie policjanta prawomocnym wyrokiem sądu za przestępstwo lub przestępstwo skarbowe, umyślne, ścigane z oskarżenia publicznego jako podstawa obligatoryjnego zwolnienia ze służby w Policji
Sentencing a police officer with a valid court verdict for intentional crime and intentional fiscal crime, prosecuted by a public prosecutor as a basis of dismission from service in the Police

Author(s): Paweł Gacek
Subject(s): Criminal Law, Public Administration, Security and defense, Welfare systems, Peace and Conflict Studies
Published by: Instytut Nauk Prawnych PAN
Keywords: police; police officer; dismission from service in the police; administrative decision (personal command); valid court sentence;

Summary/Abstract: This paper is entirely devoted to issues concerning the dismission from service in the Police based on the Art. 41 (1) (4) Act on the Police. In accordance with this provision a police officer shall be dissmised from service in the Police in case of sentencing her or him with a valid court verdict for intentional crime and intentional fiscal crime, prosecuted by a public prosecutor. That is the only premise which has to be confirmed in the course of carrying procedures in this case. The public authority examines exlusively formal aspect of issued judgment, i.e. it is the court verdict sentencing a person for intentional crime and intentional fiscal crime, prosecuted by a public prosecutor and whether it is final. The admin- istrative decision in this case is legally binding in the situation of confirmation of the materialization of the premise comprised in this provision. The article also indicated that the premise aforementioned in the Art. 41 (1) (4) Act on the Police materializes not only in cases of sentence issued by Polish court but also in cases of some sentencing judgments issued by courts of other countries.

  • Issue Year: 228/2023
  • Issue No: 2
  • Page Range: 45-74
  • Page Count: 30
  • Language: Polish
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