Sąd Okręgowy
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A district court (
Polish Polish may refer to: * Anything from or related to Poland, a country in Europe * Polish language * Polish people, people from Poland or of Polish descent * Polish chicken * Polish brothers (Mark Polish and Michael Polish, born 1970), American twin ...
: ''sąd okręgowy'') is an instance of common court in Poland higher in the hierarchy compared to the ''sąd rejonowy''. There are currently 47 district courts, located mainly in larger cities; the newest one in
Sosnowiec Sosnowiec is an industrial city county in the Dąbrowa Basin of southern Poland, in the Silesian Voivodeship, which is also part of the Metropolis GZM municipal association.—— Located in the eastern part of the Upper Silesian Industrial Re ...
was opened on 1 April 2022. Warsaw is the only city to be split between two circuit courts (Warsaw and Warsaw-Praga district courts). In 2020, they heard an estimated 808,600 cases. The district court serves both as a court of
original jurisdiction In common law legal systems, original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction, when a higher court has the power to review a lower court's decision. India In India, the S ...
and
appellate jurisdiction An appellate court, commonly called a court of appeal(s), appeal court, court of second instance or second instance court, is any court of law that is empowered to hear a case upon appeal from a trial court or other lower tribunal. Appellat ...
. As an appellate court. it hears appeals from the ''sąd rejonowy'' courts within its territory (known as ''okręg''), There is also a specified catalogue of cases where the court has original jurisdiction, which includes: *
lawsuit A lawsuit is a proceeding by one or more parties (the plaintiff or claimant) against one or more parties (the defendant) in a civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today ...
s claiming more than 75,000 PLN of worth, except for those concerning
alimony Alimony, also called aliment (Scotland), maintenance (England, Republic of Ireland, Northern Ireland, Wales, Canada, New Zealand), spousal support (U.S., Canada) and spouse maintenance (Australia), is a legal obligation on a person to provide ...
, infringement on rights of possession, separation of property during divorces, challenging a land and mortgage register entry, or those filed using a simplified procedure of the electronic writ of payment (''elektroniczne postępowanie upominawcze''); * lawsuits concerning
personal rights Personal rights are the rights that a person has over their own body. In the Merriam-Webster Dictionary, personal rights are defined as "rights (as of personal security, personal liberty, and private property) appertaining to the person". Among p ...
(e.g.
personality rights Personality rights, sometimes referred to as the right of publicity, are rights for an individual to control the commercial use of their identity, such as name, image, likeness, or other unequivocal identifiers. They are generally considered as p ...
,
right to privacy The right to privacy is an element of various legal traditions that intends to restrain governmental and private actions that threaten the privacy of individuals. Over 185 national constitutions mention the right to privacy. Since the globa ...
,
defamation Defamation is a communication that injures a third party's reputation and causes a legally redressable injury. The precise legal definition of defamation varies from country to country. It is not necessarily restricted to making assertions ...
and
freedom of conscience Freedom of conscience is the freedom of an individual to act upon their moral beliefs. In particular, it often refers to the freedom to ''not do'' something one is normally obliged, ordered or expected to do. An individual exercising this freedom m ...
cases), except for parenthood and
adoption Adoption is a process whereby a person assumes the parenting of another, usually a child, from that person's biological or legal parent or parents. Legal adoptions permanently transfer all rights and responsibilities, along with filiation, fro ...
cases; *
intellectual property Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The best-known types are patents, co ...
lawsuits (by selected courts); * maritime code lawsuits (by selected courts); * indictments related to civil aviation accidents and serious incidents (by selected courts); * press law lawsuits (but not indictments) concerning all media outlets; applications and complaints related to press outlets other than those covered by the broadcasting act, including their registration; * personal data protection law lawsuits (but not indictments); * complaints challenging the split of a
cooperative A cooperative (also known as co-operative, coöperative, co-op, or coop) is "an autonomy, autonomous association of persons united voluntarily to meet their common economic, social and cultural needs and aspirations through a jointly owned a ...
; * complaints challenging the existence, legality or legal effect of resolutions of
legal person In law, a legal person is any person or legal entity that can do the things a human person is usually able to do in law – such as enter into contracts, lawsuit, sue and be sued, ownership, own property, and so on. The reason for the term "''le ...
s and other entities with
legal capacity Legal capacity is a quality denoting either the legal aptitude of a person to have rights and liabilities (in this sense also called transaction capacity), or the personhood itself in regard to an entity other than a natural person (in this sen ...
; * complaints against the rulings of the which is a central quasi-judicial body established to review challenged outcomes of public procurement proceedings, primarily tenders (by selected courts); * applications claiming
damages At common law, damages are a remedy in the form of a monetary award to be paid to a claimant as compensation for loss or injury. To warrant the award, the claimant must show that a breach of duty has caused foreseeable loss. To be recognized at ...
for the effects of a legally valid and binding (i.e. non-appealable) court verdict; * applications and complaints concerning incapacitation of a person; * applications and complaints concerning imposition or termination of
legal separation Legal separation (sometimes judicial separation, separate maintenance, divorce ', or divorce from bed-and-board) is a legal process by which a married couple may formalize a separation while remaining legally married. A legal separation is gra ...
in a marriage; * applications for authorization of telecommunications, postal or Internet data surveillance; * charges of submitting a false declaration with regard to
lustration Lustration in Central and Eastern Europe is the official public procedure of scrutinizing a public official or a candidate for public office in terms of their history as a witting confidential collaborator (informant) of relevant former commun ...
; *
indictment An indictment ( ) is a formal accusation that a person has committed a crime. In jurisdictions that use the concept of felonies, the most serious criminal offense is a felony; jurisdictions that do not use that concept often use that of an ind ...
s for serious crimes, including all crimes that carry a punishment of at least 3 years of imprisonment or more (''zbrodnie'' or
felonies A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law (from the French medieval word "''félonie''") to describe an offense that ...
); and selected other crimes (''występki'' or
misdemeanour A misdemeanor (American English, spelled misdemeanour elsewhere) is any "lesser" criminal act in some common law legal systems. Misdemeanors are generally punished less severely than more serious felonies, but theoretically more so than admi ...
s) as specified in Article 25 of the Code of criminal procedure; * civil lawsuits referred from a ''sąd rejonowy'' for trial in a circuit court (may be remanded to ''sąd rejonowy'', with justification), and criminal cases referred by the appeal court on a request of a ''sąd rejonowy'' (may not be remanded) The district courts always include a criminal and a civil division (typically two for each type, one for first-instance cases, and another one designated as an appellate division; nevertheless, an appellate section within a single division may be formed as an alternative instead, in the case of smaller courts). as well as a labour and social insurance division; some may additionally have a commercial division as well as an inspection division (''wydział wizytacyjny'') tasked with administrative auditing and oversight of the subordinate courts; a penitentiary division for cases related to prisons, an execution division with similar roles to ''sąd rejonowy'' court's enforcement division, and others according to the court's needs as determined by the minister of justice. All of these courts are responsible along with their military counterparts for issuing
European arrest warrant The European Arrest Warrant (EAW) is an arrest warrant valid throughout all member states of the European Union (EU). Once issued, it requires another member state to arrest and transfer a criminal suspect or sentenced person to the issuing stat ...
s, either on own initiative or on a request of a subordinate court), as well as for maintaining the , which is obligatory for all Polish printed or electronic periodical media outlets other than those licensed or listed under the broadcasting act by the National Broadcasting Council, in order for them to legally publish.. They are also responsible for maintaining lists of available
expert witness An expert witness, particularly in common law countries such as the United Kingdom, Australia, and the United States, is a person whose opinion by virtue of education, training, certification, skills or experience, is accepted by the judge as ...
es in various fields, as well as of
physician A physician, medical practitioner (British English), medical doctor, or simply doctor is a health professional who practices medicine, which is concerned with promoting, maintaining or restoring health through the Medical education, study, Med ...
s enrolled as ''court physicians'', holding exclusive specific authorization to issue recognized sick-leave certificates excusing for absence in court proceedings, mandatory for the trial participants (including the defendant or the parties to a civil litigation, their legal representation, as well as the subpoenaed witnesses), an institution introduced in order to limit the previously widespread abuse aimed at obstructing justice. In a few cases, selected district courts are assigned exclusive jurisdiction over specialist matters. Five courts, in Gdańsk, Katowice, Lublin, Poznań and Warsaw, have special
intellectual property Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The best-known types are patents, co ...
divisions, with a catalogue of selected IP lawsuits (including all related to
patent A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an sufficiency of disclosure, enabling discl ...
ed
invention An invention is a unique or novelty (patent), novel machine, device, Method_(patent), method, composition, idea, or process. An invention may be an improvement upon a machine, product, or process for increasing efficiency or lowering cost. It m ...
s, protected
integrated circuit An integrated circuit (IC), also known as a microchip or simply chip, is a set of electronic circuits, consisting of various electronic components (such as transistors, resistors, and capacitors) and their interconnections. These components a ...
s or
utility model A utility model is a patent-like intellectual property right to protect inventions. This type of right is available in many countries but, notably, not in the United States, United Kingdom or Canada. Although a utility model is similar to a patent ...
s, as well as plant varieties protected by
plant breeders' rights Plant breeders' rights (PBR), also known as plant variety rights (PVR), are rights granted in certain places to the breeder of a new variety of plant that give the breeder exclusive control over the propagating material (including seed, cuttin ...
) heard exclusively by the Warsaw court. The Warsaw district court also includes a special division for telecommunications, postal or internet data surveillance, entrusted with reviewing surveillance authorization requests filed by the uniformed services. It is also the only district court adjudicating on indictments related to civil aviation accidents and serious incidents,
competition law Competition law is the field of law that promotes or seeks to maintain market competition by regulating anti-competitive conduct by companies. Competition law is implemented through public and private enforcement. It is also known as antitrust ...
complaints or public procurement law complaints, and is the only court responsible for maintaining the registers of
political parties A political party is an organization that coordinates candidates to compete in a particular area's elections. It is common for the members of a party to hold similar ideas about politics, and parties may promote specific ideological or p ...
,
investment fund An investment fund is a way of investment, investing money alongside other investors in order to benefit from the inherent advantages of working as part of a group such as reducing the risks of the investment by a significant percentage. These ad ...
s and
pension fund A pension fund, also known as a superannuation fund in some countries, is any program, fund, or scheme which provides pension, retirement income. The U.S. Government's Social Security Trust Fund, which oversees $2.57 trillion in assets, is the ...
s. All lawsuits based on the Polish maritime code are heard in first instance exclusively by the Gdańsk district court. The
Szczecin Szczecin ( , , ; ; ; or ) is the capital city, capital and largest city of the West Pomeranian Voivodeship in northwestern Poland. Located near the Baltic Sea and the Poland-Germany border, German border, it is a major port, seaport, the la ...
and
Gdańsk Gdańsk is a city on the Baltic Sea, Baltic coast of northern Poland, and the capital of the Pomeranian Voivodeship. With a population of 486,492, Data for territorial unit 2261000. it is Poland's sixth-largest city and principal seaport. Gdań ...
district courts also have affiliated quasi-judicial bodies named (in Szczecin and in
Gdynia Gdynia is a city in northern Poland and a seaport on the Baltic Sea coast. With an estimated population of 257,000, it is the List of cities in Poland, 12th-largest city in Poland and the second-largest in the Pomeranian Voivodeship after Gdańsk ...
, respectively) maintaining the Registry of Ships () containing entries on all ships of the Polish international merchant marine, as well as on rights and liabilities related to them ( ship mortgage,
maritime lien A maritime lien, in English and US law and elsewhere, is a specific aspect of admiralty law concerning a claim against a ship for services rendered to it or injury caused by it. United States Court of Appeals, Fourth CircuitBominflot ''et al'' v ...
s; they also hear disciplinary
maritime law Maritime law or admiralty law is a body of law that governs nautical issues and private maritime disputes. Admiralty law consists of both domestic law on maritime activities, and private international law governing the relationships between pri ...
charges against shipowners, ship captains, other ship crew members,
maritime pilot A maritime pilot, marine pilot, harbor pilot, port pilot, ship pilot, or simply pilot, is a mariner who has specific knowledge of an often dangerous or congested waterway, such as harbors or river mouths. Maritime pilots know local details s ...
s etc. in cases of maritime accidents; their rulings in this capacity may be appealed to a single Second-Instance Maritime Chamber in Gdynia (also affiliated to the ''sąd okręgowy'' in Gdańsk), whose rulings may in turn be appealed to the Gdańsk appeal court (criminal division, specifically).


See also

*
Judiciary of Poland The judiciary of Poland ( ) are the authorities exercising the judicial power of the Polish state on the basis of Chapter 8 of the Constitution of Poland. As in almost all countries of continental Europe, the Polish judiciary operates within t ...


References

{{Reflist Judiciary of Poland