PROTECTION OF PROFESSIONAL SECRECY OF A BAILIFF
In this article the authors:
— clarify the concept of the profession of public trust;
— clarify the concept of professional secrecy;
— underline the special status of a court bailiff (court bailiff as a public official);
— clarify professional secrecy of court bailiff (range of subjective and objective), arising
from Article 20 of the Act of 29 August 1997 — on court bailiffs and enforcement procedure.
Pursuant to that provision:
“Paragraph 1. A bailiff is obliged to keep confidential the circumstances of a case that were
acquired due to performed actions.
Paragraph 2. The duty referred a paragraph 1 continues after the cancellation of a bailiff.
Paragraph 3. The duty of professional secrecy ceases when a bailiff testifies as a witness or a party before the court or prosecutor, unless the disclosure of professional secrecy jeopardizes the good of the state. In those cases a bailiff may be relieved of the duty of confidentiality by the Minister of Justice.”