Przewinienie dyscyplinarne mniejszej wagi w prawie polskim

Abstract

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 of the concept of disciplinary minor offenses, uses the interpretation of the concept of a crime less serious and includes the components of the term “social harm of the act”. The legislator requires to adjudicate the measure when it is unnecessary to apply stricter sanctions and should not initiate disciplinary proceedings. In this case, the guilty party should be punished with the mildest disciplinary sanction and may appeal against admonition. The conclusions propose solutions de lege ferenda relating to interpretation of the term “minor disciplinary offense” and explains the problems associated with appealing rulings handed down in disciplinary proceedings in the context of some rules of criminal procedure.