In the resolution of the Supreme Court of February 15, 2022 I DI 3/22 we read that the provision of Art. 231 of the Penal Code is the norm of criminal law, the least precise of all typified offenses and crimes codified in the Penal Code. However, this provision cannot be extended to conduct, even from the point of view of social perception, reprehensible, which in this case is adjudication by a judge in a state of intoxication or after drinking alcohol. So far, the Polish legislator has not decided to penalize a judge’s ruling under the influence of alcohol, as is the case when driving a car while under the influence of alcohol.
Let us recall that pursuant to Art. 231 of the Penal Code A public officer who, by exceeding his powers or not fulfilling his duties, acts to the detriment of public or private interest, shall be subject to the penalty of deprivation of liberty for up to 3 years.
A resolution was passed in a case concerning a judge, which, while under the influence of alcohol in a state ranging from at least 0.6 per mille to at least 1.0 per mille of alcohol in the blood, presided over the appeals hearings. In the opinion of the Supreme Court, however, in this case we have only a disciplinary tort consisting in violating the dignity of a judge
