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The legal advisory service is a liberal profession, a profession of public trust. The aim of this paper is to analyze related disciplinary procedure and its specifics. The disciplinary liability of legal advisers regulates norms of conduct in a way that respects the rules of fair trial. Full regulation of disciplinary responsibility is achievable through corporate law, in which reference is made to...
The paper presents the problem of applying the provisions of criminal procedure to attorneys’ disciplinary proceedings. The author will present both the rules that exist under the provisions of criminalprocedure and in the attorneys’ disciplinary proceedings, as well as the similarities in terms of appeal and cassation. The starting point for evaluating application of the Code of Criminal Procedure...
The subject of this article is jurisdiction of decisions of the Advocacy Disciplinary tribunal. The author focuses on the independence of the Law of Advocates and the Criminal Practice Rules. Appropriate application of the provisions of Criminal Practice Rules might take the form of one of the following actions – 1) when the appropriate provision of Criminal Practice is applied directly, without any...
The text is dedicated to the analysis of the function and normative status of ethical and deontological principles concerning advocates professions. It presents the normative status of the advocates ethical code and its relationships with existing law regulation. It also includes some remarks on fine penalty and the issue of guilt in disciplinary proceedings.
The incentive for contributing this paper is the planned great reform of the Polish Special Services. The study attempts to formulate some requirements that should be met by disciplinary procedure. This goal is achieved by analysing the effective disciplinary procedure in the Internal Security Agency (ABW), the largest branch of the Polish Special Services, in the prism of the idea of fair trial....
The article focuses on the evolution of one of the most vital elements of disciplinary proceedings, that being court control over disciplinary decisions. Regarding this issue the article discusses the jurisprudence of the European Court of Human Rights and the Polish Constitutional Tribunal. Presented historical and functional analysis of model disciplinary proceedings across many different professions,...
The current formula of disciplinary responsibility is neither clear nor uniform. Built on thebasis of a number of independent regulations, it is inconsistent with the general pattern of uniformity and universal use. Interesting are situations in which criminal liability and disciplinary liability become interdependent. Th e question then arises as to whether a crime and the possible initiation of...
The article discusses possible models of disciplinary proceedings against prosecutors in Poland. In the first, the so-called „corporate” model, the disciplinary commissions of both instances are composed only of prosecutors. In the second, the so-called „mixed” model, in the first instance the disciplinary commission, composed only of prosecutors, delivers the judgment and appeal goes to the court...
The aim of the article is to present four models of „minor disciplinary breach” in some normative acts in the Polish legal system. The author concludes that interpretation of the concept of „minor disciplinary breach”, should take inspiration from the concept of a „crime less serious” and include the components of the term “social harmfulness of an act”. The thesis is to prove that interpretation...
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