Print [excerpts]
Police Act
of 6th April 1990
Official Journal 1990, No. 192, title 1873
Chapter 3
Police force authority area
Art. 14.
1. Within the limits of its objectives, in order to investigate, prevent and reveal crimes and offences, Police force performs the following activities: field operation and intelligence gathering, investigation, and administration/management.
2. Police force implements also various activities at the request of the court of justice, public prosecutor, organs of state administration and local government, to the degree that such obligation has been defined in separate laws.
3. In the course of service activities, policemen shall respect human dignity, and observe/protect human rights.
4. In order to implement the law-prescribed tasks, the Police force can use data pertaining to given individual, also in the electronic form, gathered by other organs, official bodies and state organisations in the course of implementing field operation and intelligence gathering activities, and process such data, as understood in the law of 29 August 1997 about the protection of private personal data.
Art.15.
1. When implementing the activities mentioned in art. 14, Police force members enjoy the following rights:
1) to demand identification documents from individuals in order to establish their identity,
2) to apprehend persons, following the procedure, and in the cases prescribed in the Code of Criminal Procedure and other laws,
2a) to apprehend persons deprived lawfully of personal liberty, who on the basis of appropriate permit had left temporary detention centre or prison, and failed to report back in time,
3) to apprehend persons causing obvious direct threat to human life and/or health, and danger to property,
4) to search persons and premises according to procedure and in cases defined in the stipulations of the Code of Criminal Procedure and other laws,
5) to execute personal search, to search the content of luggage and to check the loaded goods in ports and railway stations, in the vehicles of land, air and water transport, in the case when reasonable suspicion arises of the perpetration of an act prohibited by penal law.
Art. 16.
1. In the case when relevant persons refuse to follow the lawful orders issued by Police organs or Police force members, policemen can apply the following means of direct enforcement:
1) physical, technical and chemical means applicable to overpower or escort persons and to stop vehicles,
2) police batons,
3) water jets,
4) police dogs and horses,
5) non-penetration missiles fired from guns.
2. Police force members can use only those means of direct enforcement that respond to the needs resulting from given situation and indispensable to obtain subordination to issued orders.
Art. 17.
1. If the means of direct enforcement mentioned in art.16 sect.1 had proved insufficient, or their use in given circumstances is not possible, the Police force member is authorised to use firearms exclusively in the following conditions:
1) in order to fend off direct and lawless attempt at the life, health or liberty of police force member or another person, and to prevent activities aiming directly at such attempt,
2) against the person failing to follow the order to drop immediately the weapon or another dangerous tool, the use of which can threaten the life, health or liberty of police force member or another person,
3) against the person attempting lawlessly and forcibly to overtake firearms from Police force member, or another person authorised to possess firearms,
4) in order to fend off dangerous direct and violent attack against the premises and facilities important for state security and national defence, national authority seats, the central organs of state administration or justice administration, against the facilities of national economy or culture, against the diplomatic representation offices and consular offices of foreign states or international organisations, and against premises surveyed by armed defence force formed pursuant to separate regulations,
5) in order to fend off attempts against the property, when such attempts are simultaneously related to direct threat to human life, health or liberty,
6) in direct pursuit of the person, in relation to whom the use of firearms had been lawfully admissible in cases mentioned in sections 1-3 and 5, or the person who can be reasonably suspected of committing a crime or terrorist attempt, abduction in order to obtain ransom or demanded behaviour, mugging, violent theft, violent assault, intentional serious body injury, rape, arson or other intentional threat to public security, life and/or health,
7) in order to apprehend the person mentioned in section 6, if this pension had taken refuge in an inaccessible place, and the accompanying circumstances indicate that this person my use firearms or another dangerous weapon, which can threaten human life and/or health,
8) in order to fend off violent, direct and lawless attempt against the escort protecting persons, documents containing information classified as state secret, money or other valuable objects.
9) in order to apprehend or prevent the escape of the person taken in custody, temporarily arrested or serving a prison sentence, in the following circumstances:
a) the escape of the person lawfully deprived of liberty has caused danger to human life and/or health,
b) reasonable suspicion exists that the person lawfully deprived of liberty may use firearms, explosives or other dangerous tools,
c) the deprivation of liberty had occurred in relation to reasonable suspicion or conviction of crimes mentioned in section 6.
2. In the operations of organised detachments or sub-detachments of Police force, firearms can be used only at the direct order of their commanders.
3. Firearms should be used in the way causing minimum damage to the person against whom the firearms are used.
4. The Council of Ministers, through appropriate resolution, shall define the circumstances and operation procedure in the case of firearms use by the organised Police detachments mentioned in section 2.
Art. 19.
1. In the course of implementing field operations and intelligence gathering activities undertaken by Police force in order to prevent, reveal, find the perpetrators, to obtain and/or document the evidence of the following intentional crimes investigated on the basis of public persecution:
1) against human life, as defined in art. 148-150 of the Criminal Code,
2) crimes defined in art. 134, art. 135 § 1, art. 136 § 1, art. 156 § 1 and 3, art. 163 § 1 and 3, art. 164 § 1, art. 165 § 1 and 3, art. 166, 167, 173 § 1 and 3, art. 189, 204 § 4, art. 223, 228, 229, 232, 245, 246, 252 § 1-3, art. 252, 258, 269, 280-282, 285 § 1, art. 286, 296, 299 § 1-6, and art. 310 § 1,2 and 4 of the Criminal Code,
3) against business rules, as defined in art. 297-306 of Criminal Code, causing damage to assets or directed against property, if the value of damage or assets affected exceeds the fifty-fold amount of minimum wage defined in separate regulations.
4) tax crimes, if the value of affected object or the unlawful deduction from public law liability exceed the fifty-fold value of the minimum wage defined in separate regulations.
5) illegal manufacturing, possession or trade in weapons, ammunition, explosives, intoxicating substances or psychotropic drugs or their direct essential components, nuclear and radioactive materials,
6) defined in art. 8 of the law of 6 June 1997 – The Introductory Regulations to Criminal Code (published in Official Journal No 88, title 554 and No 160, title 1083, and yearly publication 1998 No 113 title 715),
7) defined in art. 20 of the law of 26 October 1995 about the collection and transplantation of cells, tissues and organs (published in Official Journal No 138, title 682 in publication year 1997, No 88 title 554 and No 104 title 661, and in publication year 2000, No 120 title 1268),
8) pursued in effect of international agreements, when other applied means have proved ineffective or it is highly improbable that these means prove effective and/or appropriate, at the written request of National Police Force Commander, submitted after obtaining written consent of Prosecutor General, or at the request of Regional Police Commander, submitted after obtaining the written consent of locally appropriate Regional Prosecutor, may – through appropriate decision – introduce field control instruments.
2. The regulation mentioned in section 1 is issued by the Regional Court appropriate locally for the seat of Police organ submitting the request.
3. In urgent situations, when delay could result in loss of information and/or deletion or destruction of the crime evidence, the National Police Commander or Regional Police Commander, having obtained the written consent of appropriate Prosecutor, mentioned in section 1, may order a field control, while petitioning simultaneously the locally appropriate Regional Court to issue a ruling in this case. In the event when the Court fails to issue permission within 5 days since the order of field control, the managing organ shall discontinue the field control and shall effect the witnessed and recorded destruction of evidence materials collected in the course of control.
6. Field control is effected through covert methods and consists in the following:
1) control of text of correspondence,
2) control of the content of dispatched parcels,
3) the application of technical means enabling the covert gathering of information and evidence, and their documentation, including in particular the content of telephone conversations and other information transferred through telecommunication means.
8. Field control shall be instituted for the period not longer than 3 months. The Regional Court may, at the written request of the National Police Commander or Regional Police Commander, submitted after obtaining the written consent of appropriate Public Prosecutor, for the period not exceeding three months, issue the decision about individual elongation of the field control period, if the original reasons of such control had not ceased.
16. The person against whom the field control had been applied shall not obtain the materials gathered in the course of such control. This regulation does not infringe on the rights resulting of art. 321 of Criminal Procedure Code.
19. In the cases mentioned in section 18, the filed control is instituted by the Police organ appropriate for the implementation of field and intelligence-gathering activities in given case.
Art. 19a.
1. In cases related to crimes defined in art. 19 sect. 1, the field and intelligence-gathering activities, aiming at the corroboration of earlier obtained credible information about crime, identifying the perpetrators and obtaining evidence of crime may consist in covert purchase, sale or takeover of objects originating from crime, subject to forfeiture, and/or the manufacturing of which, their possession, transport or trade are prohibited by law, as well as the acceptance or offering of unlawful assets.
2. The field operations and intelligence gathering mentioned in section 1 may consist also in offering to buy, sell or accept objects originating from crime, subject to forfeiture and/or the manufacturing of which, their possession, transport or trade are prohibited by law, as well as the acceptance or offering of unlawful assets.
3. The National Police Commander or the Regional Police Commander may decide about implementation for definite time of the activities mentioned in section 1, having obtained written consent of the locally appropriate regional public prosecutor, who will be promptly advised about the results of undertaken measures. The public prosecutor may decide about discontinuation of such activities at any time.
4. The activities mentioned in section 1 shall be instituted for the period not longer than 3 months. The National Police Commander or Regional Police Commander, having obtained written consent of appropriate public prosecutor, may prolong the application of mentioned measures for one next 3-months period, if the reasons for their introduction had not ceased.
5. In justified cases, when in the course of applying the measures mentioned in section 1 new significant circumstances appear significant for the corroboration of earlier obtained credible information about crime, identifying the perpetrators and securing the evidence, the National Police Commander or Regional Police Commander, having obtained the written consent of appropriate public prosecutor, may order the continuation of mentioned activities for definite period, even after the elapse of periods mentioned in section 4.
6. The activities mentioned in section 1 may be covertly registered through equipment used in registration of picture or sound.
(…)
8. The materials gathered in the course of implementing the measures mentioned in sections 1 and 2 and not containing evidence allowing for instituting criminal procedure shall be kept for 2 months following the conclusion of effected control, and next shall be destroyed in presence of official commission. The decision about the destruction of gathered materials is issued by the Police organ which had applied for the implementation of field control.
Art. 19b.
1. In order to evidence crimes mentioned in art. 19 section 1, or in order to establish the identity of persons participating in such crimes, or the seizure of the objects of crime, the National Police Commander or Regional Police Commander may order the covert survey of manufacturing, transportation, storage and trade in crime objects, if such measures do not threaten human life or health.
2. The locally appropriate public prosecutor having competence over the seat of given Police organ shall be advised promptly about the order mentioned in section 1 above. The public prosecutor may order the discontinuation of activities at any time.
3. The Police organ mentioned in section 1 shall advise promptly the regional public prosecutor about the effects of undertaken activities.
Art. 20.
1. While observing the limitations resulting from art. 19, the Police force may solicit information, including covert intelligence, gather it, check and process.
2. In investigation and identification purposes, the Police force may solicit, process and use the information, including personal data pertaining to persons suspected of perpetration of crimes persecuted from public accusation, juveniles perpetrating prohibited acts treated as crimes persecuted from public accusation, persons of un-established identity, attempting to hide their identity or information about persons wanted to be apprehended by law, also without their knowledge or consent, and in particular the following:
1) personal data mentioned in art. 27 section 1 of the law of 29 August 1997 about the protection of personal data (published in Official Journal No 133 of 2000; No 12, title 136; No 50 title 580; and No 116 title 1216; and from 2001 publications: No 42 title 474 and No 49 title 509), considering the genetic code data pertaining exclusively to non-coding genome regions,
2) the imprints of papillary lines,
3) photographs and image descriptions,
4) personal features and identifying characteristics, nicknames,
5) information pertaining to:
a) residence or current stay address,
b) education status, vocation, work place and position,
c) identity documents used by individuals,
d) activity modes used by perpetrator, his/her direct social environment and contacts,
e) behaviour patterns showed by perpetrators in relation to victims.
3. In the case when it is necessary for effective prevention of crimes defined in art.19 sect.1, or establishment of such crimes and/or identification of perpetrators and securing evidence, Police force may use information pertaining to insurance agreements, and in particular subject data processed by insurance companies, including the persons who had signed insurance agreements, as well as information processed by banks, normally treated as bank secret.
(…)
5. Information and data mentioned inn section 3 shall be made available on the basis of decision issued at the written request of National Police Commander, or Regional Police Commander, by the Regional Court having local competence in relation to the seat of requesting organ.
(…)
15. In order to prevent or reveal crimes and/or to identify persons, Police force may solicit, gather and process information, including personal data from databases managed pursuant to separate regulations by public administration organs, and in particular the National Criminal Register, and the General Electronic System of Population Listing (PESEL). The administrators of data gathered in these registers shall make them available free of charge.
(…)
18. The personal data revealing racial or ethnic origin, political views, religious or philosophical convictions, religious denomination, political party or trade union adherence, the data pertaining to health condition, addiction or sexual life of persons suspected of crimes persecuted from public accusation, who have not been convicted for such crimes, shall be destroyed as witnessed and recorded by appropriate commission, following the effectiveness date of appropriate ruling.
Art. 20a.
1. In relation to the implementation of tasks mentioned in art.1 section 2, the Police force shall provide appropriate protection of the forms and methods of task realisation, information, owned premises and data identifying the Police force member.
2. In the course of implementing the field operations and intelligence gathering Police force members may use documents that prevent the identification of Policeman’s identity and/or the means applied in the realisation of service objectives.
Chapter 5
Police Force Enrolment
Art. 25.
1. Service in Police Force can be entrusted to a Polish citizen, enjoying generally respectable opinion, with no criminal record, having unrestricted public entitlement rights and the certificate of at least secondary education. The candidate must show physical and psychological capacity to serve in armed units, ruled by strict discipline that he/she is willing to follow.
Art. 26.
1. The physical and psychological capacity of the candidate shall be established by medical commissions subordinated to the ministry of internal affairs.
Art. 27.
1. Before undertaking the service, each policeman takes the oath according to the following formulation:
“Being the citizen of the Republic of Poland, aware of the responsibilities undertaken by policeman, I herby solemnly promise the following: to serve truly Polish Nation, to protect the law order defined by the Constitution of the Republic of Poland, to protect the security of Polish State and its citizens, even at the hazard of my life. When realising the assigned tasks, I solemnly promise to follow the law and to be faithful to the constitutional organs of the Republic of Poland. I shall abide by the service regulations and follow the orders and commands issued by superior officers. I solemnly promise to protect the state and service secrets, as well as the honour, good-standing and respectability of the service, and to follow the principles of professional ethics.”
Art. 29.
1. The person volunteering for employment in police force is appointed a policeman in introductory service for the period of three years.
2. Following the elapse of introductory service, the policeman is appointed to permanent post.
Art. 32.
1. The following officers are entitled to appoint policemen to their posts, to transfer them and to release them of their duties: National Commander of Police Force, regional commanders, and district (city) commanders of Police Force, as well as commanders of police schools.
Art. 33.
1. Policeman’s service time is defined by his/her duty assignment, including however his/her right to rest time and leisure.
2. Policeman’s duties shall be defined in the way allowing for their discharging within 40-hour service week, in three-month income settlement periods.
3. As compensation for service time in excess of the norm defined in section 2, policeman is entitled to time off service in the same amount, except for the case mentioned in art. 112 section 3. Alternatively, a financial compensation may be awarded, as defined in art. 13 section 4a subsection 1.
4. Section 3 above is not applicable to policeman entitled to position bonus.
5. The amount of service hours exceeding the norm specified in section 2 above, rewarded with financial compensation, as mentioned in art. 13 section 4a, subsection 1, cannot exceed ¼ of the weekly service time of policeman in three months income settlement period.
Art. 34.
1. The appointment or nomination to service post depends on policeman’s education status, professional skills, as well as work experience in Police Force.
2. In individually justified cases, the National Commander of Police Force may consent to service post appointment of policeman in introductory service, before his/her obtaining of professional skill status and/or work experience normally required at this post, when educational requirements are fulfilled. Policeman shall obtain appropriate professional skills before permanent nomination.
3. In order to obtain appropriate professional skills the policeman shall complete the following courses:
1) primary professional training,
2) specialist professional training,
3) professional training for college graduates,
4) Police Academy training.
Art. 44.
1. Policewoman shall not be released of duties during pregnancy and maternity leave, except for cases defined in art. 41 sect. 1, subsections 3 and 4, and section 2, subsections 2, 3, 5 and 6.
2. In the case of releasing policewoman from service pursuant to art. 41 sect. 2 subsection 5 and 6, she is entitled to wages until the end of her maternity leave.
Art. 48.
1. Policeman is nominated to the degree of beat serviceman or senior beat serviceman by superiors mentioned in art.32 section 1. Policeman is nominated to beat serviceman degree since the date of appointment to service post.
2. Policemen are nominated to degrees in Police NCO corpse and Police Cadets corpse by superiors mentioned in art. 32 sect. 1, excluding the district (city) commanders of Police Force.
3. Considering the stipulations of art. 56 section 3, the nomination to first officer degrees and the degrees of general inspector of Police Force and Police super-inspector are awarded by the President of the Republic of Poland, at the request submitted by minister of internal affairs. All other officer degrees are awarded by National Commander of Police Force.
Art. 49.
1. Policeman can be nominated to NCO post when he/she fulfils conditions defined in art. 25 section 1 or 2, and have completed primary training or passed NCO examination.
2. Policeman can be nominated to degree of Police Cadet when he/she fulfils conditions mentioned in art.25 section 1, has completed specialist training or passed the cadet examination.
Art. 50.
The first officer degree can be granted to policeman/policewoman who fulfils the conditions mentioned in art. 25 section 1, and has graduated from Police Academy and/or fulfils conditions mentioned in art. 25 sect. 1, and/or has higher education status, or followed training for college graduates, or passed the officer examination.
Art. 52.
1. The nomination to successive higher degree can be effected in relation to currently discharged service post and reflecting the general service opinion.
Art. 62.
1. Except for the case of explicit permission granted by superior officer, the policeman cannot undertake employment external to police service.
2. At the request of superior officer, the policeman shall submit a declaration reflecting his/her assets status.
3. The minister of internal affairs shall define (through regulation) the precise principles and mode of permission for additional employment, the declaration about assets status, and the control power attributed to superiors in individual cases.
Art. 63.
1. The policeman/policewoman cannot belong to any political party.
2. At the date of policeman’s admission to Police service, his/her adherence to political parties is terminated.
3. The policeman/policewoman shall advice his/her superior officer about their allegiance to national associations active outside service area,
4. Policeman/policewoman’s membership of foreign or international organisations or associations shall require the permission of National Police Force Commander, or appropriately authorised superior officer.
Art. 64.
The policeman/policewoman shall advise his/her direct superior officer about planned foreign trip at least three days before departure.
Art. 67.
1. Policeman can form trade associations in the form of policemen trade union.
2. The stipulations of trade union law are applicable appropriately, though with consideration of the fact that only one trade union can be formed in police force, having no right to strike.
Art. 68.
The policeman/policewoman who – in the course of service – has suffered a health injury or assets loss, shall receive compensation in the way and pursuant to principles defined in separate law. In the case of policeman’s decease related to service action, the compensation shall be received by living family members.
Art. 69.
1. Following 15 years of service, the policeman/policewoman has the right to police retirement benefit.
2. Policeman/policewoman who has become disabled has the right to police disability benefit.
3. Family members of deceased policemen are entitled to police family benefit.
Art. 73.
1. Policeman/policewoman and members of his/her family have the annual right to travel by public transport means, at the expense of appropriate police organ, to a freely selected localization in Poland, and back.
2. The government minister responsible for internal affairs shall define through regulation the terms of using the right mentioned in section 1 above by police force members, including the documentation and compensation method of travel costs.
Art. 82.
1. The policeman/policewoman has the right to yearly rest leave lasting 26 business days.
2. The Police force member acquires the right to first rest leave after 6 months of service. This leave shall have the length of half of regular leave granted after one year of service.
3. The right to regular rest leave is granted to Police force members following one year of service. This regular\rest leave shall include the leave mentioned in section 2 above.
Chapter 8
Accommodation of Police force members
Art. 88.
1. Policeman/policewoman in active service has the right to residential premises in the locality where the service is fulfilled, or in nearby locality. The character of such premises shall reflect the number of family members and their entitlements resulting of other laws and regulations.
Art. 91.
1. Police force member has the right to money equivalent for the repair works in used residential premises. The amount of such equivalent shall reflect the number of family members and their entitlements resulting from other laws and regulations.
Art. 92.
1. Police force member is entitled to money equivalent in the case when he/she or their family members have no residential premises in the locality of service or nearby locality.
Art. 93.
1. Police force member who lives in residential premises in a locality lying at some distance from the service area has the right to refund of the travel costs of commuting to the service area, to the amount of the value of railway or coach fare.
Chapter 9
The basic remuneration and other money benefits payable to Police force members
Art. 99.
1. The right to obtain appropriate remuneration starts on the day of appointing the Police force member to his/her post.
2. In consideration of his/her service the Police force member obtains one remuneration sum and other money benefits as defined in applicable law.
3. The average Police force remuneration sum is calculated as multiple of basis quotient, the amount of which is defined in government budget law on the basis of specified instruments.
4. The multiple of the basis quotient mentioned in section 3 shall be defined in the regulation issued by the Council of Ministers.
Art. 100.
The Police force member’s remuneration consists of the basic sum and the additional benefits.
Art. 101.
1. The amount of basic remuneration depends on the service hierarchy status of his/her service post, and the number of experienced service years.
Art. 104.
1. The Police force member is entitled to additional bonus related to his/her Police rank.
2. The Police force member entrusted with service and/or duties at the management or independent executive post has the right to special bonus.
3. Police force members serving at posts other than those mentioned in section 2 above may receive special bonus for good service.
4. Besides the benefits mentioned in sections 1-3, Police force members may receive additional benefits on top of basic remuneration in case of special terms, required skills, conditions or place where service is discharged.
Art. 108.
1. Police force member is entitled to the following money benefits:
5) lowering of service rank,
6) expulsion from service.
Art. 134h.
1. The applied penalty shall be in proportion to perpetrated disciplinary offence and degree of guilt; in particular the penalty shall reflect the circumstances of disciplinary offence, its effects, including service consequences, the kind and infringement degree of service duties to be discharged by the accused party, the motives of undertaken acts, the accused party’s behaviour before and after the disciplinary offence, as well as the entire service record.
2. The following circumstances shall lead to more severe punishment for disciplinary offence:
1) offending activities were caused by particularly mean motives, or perpetrated in condition of alcohol (or other similar substance) intoxication,
2) the perpetration of disciplinary offence by police force member before the elapse of obliteration period of his/her previous disciplinary offence,
3) serious consequences of the perpetrated disciplinary offence, in particular the serious disturbance of Police objectives or deterioration of the public image of Police force,
4) perpetration of offence in the presence of subordinated Police force member, in conjunction with him/her, or to his/her detriment.
3. The punishment is alleviated by the following circumstances of disciplinary offence:
1) unintentional character of offence perpetration,
2) undertaken efforts aiming at reduction of negative effects,
3) the resettlement benefit,
4) rewards and/or incidental loss compensations,
5) long service anniversary benefits,
6) supplementary remuneration for additional tasks exceeding the regular service duties,
7) compensation for service travel and resettlement,
8) benefits related to discharge from service.
1a. Police force members may be granted rewards for special achievements in service. These rewards shall be payable from financial assets mentioned in art. 13 section 4a.
2. In the case of decease of Police force member or his/her family member, the following benefits are payable:
1) the burial benefit,
2) the post-mortem benefit.
Art. 111.
1. Police force members are entitled to the following long service anniversary rewards:
following 20 years of service - 75% ,
following 25 years of service – 100% ,
following 30 years of service – 150%,
following 35 years of service – 200%,
following 40 years of service – 300%,
in relation to monthly basic remuneration, including long-term benefits.
Art. 114.
1. Police force member discharged from service shall obtain the following benefits, always heeding to sections 2-4:
1) discharge benefit,
2) money equivalent for the unused rest or supplementary leave time and/or unused leisure time. This equivalent is granted on the basis of Art. 33 sect. 3,
3) refund of the travel costs of Police force member and his/her family, and the transport of household appliances to the new residence place in Poland. This refund shall depend on the regulations defining the terms of official resettlement.
2. Benefits mentioned in section 1 subsection 3 above shall be granted to Police force members on condition that on the day of discharge from service he/she met the requirements necessary to obtain benefits from retirement fund.
Chapter 10
The disciplinary and criminal responsibility of Police force members
Art. 132.
1. Police force members bear disciplinary responsibility for disciplinary offences consisting in infringement of service discipline or violation of professional ethic.
3. In particular the following shall be considered infringements of service discipline:
1) refusal to follow or failure to implement the order or decision issued by superior officer, or the organ lawfully entitled to issue orders to policemen, except for the orders and decisions mentioned in art.58 sect.2,
2) failure to implement appropriate service procedure, or improper implementation of such procedure,
3) failure to follow service obligations or abusing the rights defined in law regulations,
4) giving false evidence to superior officer or another policeman, if such false evidence caused or could have caused damage to service, police force member, or another person.
5) acts of superior officer resulting in decreased service discipline in subordinated organizational unit or cell of the Police force,
6) reporting to service in condition of intoxication by alcohol or another substance of similar effect, consumption of alcohol or another substance of similar effect in the course of service or in the premises and/or estates managed by Police force,
7) loss of service weapons, ammunition or service identification card,
8) loss of any object belonging to policeman’s service equipment, when the use of such object by unauthorised parties resulted in damage to a citizen or threatened public order or security,
9) loss of any document containing information classified as state or service secret.
4. The act qualified as disciplinary offence, while having also the qualifications of crime or offence, or treasury crime or offence, shall lead to disciplinary responsibility alongside the possible criminal responsibility.
Art. 134.
The following disciplinary punishments are used:
1) censure,
2) prohibition to leave the appointed location,
3) warning about the deteriorated capacity to serve at present post,
4) appointment to inferior service post,
5) insufficient professional experience or skills,
6) voluntary advise provided to superior officer concerning the perpetration of disciplinary offence before the initiation of disciplinary procedure.
4. The superior discipline officer considers the circumstances mentioned in sections 1-3 only in relation to policeman concerned.
Art. 135f.
1. In the course of disciplinary procedure, the accused enjoys the following rights:
1) to refuse giving evidence,
2) to submit evidence motions,
3) to review the files of disciplinary procedure and to make notes, including the rights mentioned in sect. 2,
4) to appoint a defence attorney (by his/her consent) selected from Police force members,
5) to submit to disciplinary superior complaints against the decisions issued in the course of procedure by discipline representative, in the term of 3 days since the date of decision service, and in the cases indicated in applicable law. The decisions issued by disciplinary superior officer can be appealed against to higher disciplinary superior officer, including Art. 135k sect. 4.
Art.135g.
1. The disciplinary superior officer and disciplinary representative shall study and consider both the circumstances in favour and against the accused Police force member.
2. The accused shall be considered innocent until his/her guilt has been proven and corroborated by valid sentence. The insoluble doubts shall be considered in favour of the accused.
Art. 135k.
1. Disciplinary procedure shall have two stages. The accused shall have the right to appeal against the first decision within 7 days since the service date of initial decision.
2. The appeal shall be addressed to higher rank discipline superior, and submitted to the discipline superior officer who had issued the original decision.
Art. 138.
Police force member has the right of appeal to the Administration Court against the sentence and ruling completing the disciplinary procedure.