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Articles

Vol. 126 (2021)

Infringement of regulations on recording operations of a judicial officer as a disciplinary offence

  • Robert Kulski
DOI
https://doi.org/10.19195/0137-1134.126.17
Submitted
December 22, 2021
Published
2021-12-22

Abstract

The paper first analyzes the important aspects of recording the hearing of the judicial officer’s operation with the use of an audio/video recording device (art. 809 of the Civil Procedure Code). An assessment was then made as to whether infringement of the regulations on recording the oper-ations of a judicial officer constitutes a disciplinary offence. According to art. 222 point 11 Act of Judicial Officers the judicial officer is disciplinarily liable for gross or persistent violation of law other than those mentioned in this provision. This assessment must be made taking into account all the circumstances of the specific case. Generally speaking, it does not seem that the infringement by the judicial officer of the regulations on recording the operations performed with his participation constitutes a gross offence against the provisions of the law. However, it cannot be ruled out that the judicial officer will be assigned a persistent offence of the law, if the violation of the provisions on the recording of the operations will occur repeatedly, for a longer period of time, with the judicial officer’s attitude of ill will to non-compliance with these provisions.