Poland’s Supreme Administrative Court ruled that a man’s mental health condition does not exempt him from penalties for cutting down trees without permission.
Man Claims Memory Loss Due to Psychiatric Illness
The Supreme Administrative Court (NSA) upheld a penalty against A.Z., a resident of Legionowo, who felled eight trees without required permits or neighborly consent. Both the WSA (Administrative Court) and NSA rejected his claim of memory loss due to a psychiatric illness as grounds for dismissal of the fine.
Legal Argument: Objective Responsibility
The NSA dismissed A.Z.’s appeal, asserting that administrative responsibility for illegal tree felling is objective, not based on guilt. The court emphasized that the unlawful act itself – felling trees without authorization – triggers the penalty, regardless of the perpetrator’s mental state.
Prior Court Rulings and A.Z.’s Claims
A.Z. argued that the WSA ruling violated legal principles by applying penalties uniformly without considering mitigating circumstances. He claimed he informed authorities of his psychiatric treatment and memory loss, signing the official record with four crosses, but the city failed to verify his condition.
Preventive Function of Administrative Penalties
A.Z. contended that the primary purpose of administrative penalties is deterrence, and individuals should be aware of the consequences of non-compliance. He sought a full reversal of the WSA’s decision and a re-examination of the case.
No Consideration of Intent or Mental State
The NSA clarified that establishing a link between the individual’s actions and the tree felling is sufficient for administrative liability. It doesn’t matter if the owner felled the trees themselves or hired someone, or if they were aware of the permit requirements.
Health Not a Factor in Sanctions
The court rejected A.Z.’s plea for leniency based on his mental health, noting that a medical certificate indicating delusional disorders similar to schizophrenia did not justify waiving the penalty. The absence of a court order regarding legal capacity was also cited.
Psychiatric Condition Does Not Nullify Legal Consequences
The NSA stated that even the existence of a psychiatric disorder or a claimed lack of memory does not invalidate the legal consequences of the actions taken, nor does it exempt one from legal obligations. Accepting otherwise would undermine the application of administrative sanctions.
Ruling Details and Case Number
The NSA’s ruling, dated March 17, 2026, is identified as case number III OSK 1249/23. The court confirmed that A.Z. directly removed the trees, and claims of prior authorization were unsubstantiated.