A Minor Disciplinary Breach in the Polish Legal System

Abstract

The aim of the article is to present four models of “a minor disciplinary breach” in some normative acts of the Polish legal system. The author concludes that the interpretation of the concept of “a minor disciplinary breach” should derive from the concept of “a less serious crime” and include components of the term “social harmfulness of an act”. The thesis is to prove that the interpretation of the concept of disciplinary minor offences uses the interpretation of the concept of a less serious crime and includes the components of the term “social harm of the act”. The legislator requires to impose this measure when it is unnecessary to apply stricter sanctions and disciplinary proceedings should not be initiated. In this case, the guilty party should be punished with the mildest disciplinary sanction and he or she may appeal against admonition. The conclusions propose solutions de lege ferenda relating to the interpretation of the term of “a minor disciplinary offence” and explain problems associated with appealing against rulings rendered in disciplinary proceedings in the context of some rules of the criminal procedure.