Sentencing and expulsion in case concerning common assault

Case no. 37/2019
Judgment delivered on 18 September 2019

The Prosecution Service
vs.
T

Slovakian national not expelled in case of common assault. Sentenced to 30 days’ imprisonment.

The High Court had found T, a Slovakian national resident in Poland, guilty of common assault for having punched the victim in the face outside a bar. The issues before the Supreme Court concerned the sentence and whether he should be expelled.

The Supreme Court upheld the sentence of 30 days’ imprisonment, which was in line with case law on violence committed in restaurants or bars. The Supreme Court found that there was no basis for a suspension of the sentence, including on the condition of community service.

As T was an EU citizen, he could only be expelled if this was in accordance with the principles applicable under the EU rules on restrictions of the right to free movement. According to the EU Residence Directive, expulsion must be in compliance with the principle of proportionality and be based exclusively on the personal conduct of the individual concerned.

According to the information produced before the Court, T had no previous convictions, and regard should be had to the fact that he had a permanent residence in Warsaw, where he lived with his wife and three children and was the co-owner of a law firm. Against this background, and as the assault, according to the information available, was an isolated case, the Supreme Court found that the conditions for expulsion were not met.

The High Court had reached a different conclusion with regard to the issue of expulsion.