Praktyka odpowiedniego stosowania art. 99a k.p.k. przez sądy dyscyplinarne
The practice of the analogous application of Article 99a of the Polish Code of Criminal Procedure by disciplinary courts

Summary/Abstract: This article explores a study of the practice of using official model justificationsfor rulings in disciplinary proceedings of selected professional corporations. Theresearch data was obtained by requesting public information from 84 disciplinary courts.The study revealed that most of these courts do not apply Article 99a of the Polish Codeof Criminal Procedure. Further analysis leads to broader conclusions on the applicationof law accordingly. Most importantly, it enables a systemic, rather than incidental, evaluationof the actual outcome of applying a procedural legal norm and an assessment of thecompatibility of this outcome with the specific nature of disciplinary proceedings. Thisgrants the disciplinary judiciary an additional dimension of independence, which is notpresent in the common courts.

• Details
• Contents