Obligatory suspension of a police officer from official duties

Abstract

This paper focuses solely on issues related to the obligatory suspension of police officers from official duties. The relevant provisions are contained in Art. 39 (1) of the Act of 6 April 1990 on the Police. Suspension from official duties is obligatory when the stage of preparatory proceedings conducted against a police officer changes from in rem to ad personam. Such change automatically results in loss of impeccable opinion, which is a necessary condition for serving in the Police. Attention is focused on the objective to be achieved by the institution. The limits of the meaning of the phrase “initiation of proceedings against a police officer” were also indicated as a prerequisite for the application of the legal construction of Art. 39 (1) of the Police Act.