The protective nature of the institution of suspending a policeman in official duties

Abstract

The aim of the work is to verify the hypothesis that the institution of suspending a police officer from official duties is a very important element of administrative and legal protection of all Police officers in Poland. The service relationship under which a Police officer performs activities entrusted to him by the state is an administrative legal relationship. Performing official duties resulting from the content of the administrative and legal relationship between a police officer and the state is the duty of every officer. However, the Police Act provides for the institution of suspending a policeman from official duties, which makes it possible to prohibit a policeman from performing official duties for a specified period of time. The paper discusses two types of suspension in official duties, i.e. obligatory and optional suspension. Attention was also paid to the effects of suspension in official duties on the policeman's service relationship. The dual nature of the institution in question was emphasized. This institution serves to quickly deprive a policeman of the opportunity to perform his official duties until the criminal or disciplinary charges against him are clarified. First of all, however, it has a protective nature for the officer, as it allows him to remain in service despite such allegations being made against him