SS-4229/2009-KOL
ECLI:DK:KOL:2023:SS0000001405
AI generated
Court dismisses prosecution for corporate liability regarding violations of driving/rest time rules and control devices.
Denmark (DK)
Legislator summary
AI generatedThe court dismissed the prosecution against the company for alleged violations of driving and rest time regulations and control device mandates. The prosecution argued the company failed to ensure compliance with traffic laws, while the defense contended no specific negligence occurred. The court found insufficient evidence to establish the company's liability for these specific statutory breaches.
Legislator headnote
AI generatedStraffeloven § 110; Straffeloven § 111: A company cannot be held criminally liable for violations of driving and rest time regulations unless specific negligence or intent is proven by the prosecution.
Keywords
AI generated
corporate criminal liability
driving time regulations
rest time violations
control devices
prosecution burden
negligence requirement
traffic law enforcement
Cited Legislation
AI generatedStraffeloven § 110
Straffeloven § 111
Related Decisions
AI generatedSS-815/2011-HER
Court finds transport company guilty of EU driving hours violations under objective liability rules.
SS-2986/2007-VIB
Court dismisses driver's license revocation appeal where traffic violation occurred without prior administrative warning.
SS-2742/2007-VIB
Court dismissed driver's license revocation appeal, ruling violation of driving rest rules did not warrant license removal.
SS-711/2008-HBK
Court partially allows conviction for driving time violations but dismisses employer liability claim.
SS-3242/2010-ODE
Court convicts truck driver of EU driving hours violations and imposes fine, imprisonment, and license revocation.
Full text
Tiltale for som ansvarlig virksomhed at have overtrådt bestemmelser om køre- og hviletid samt kontrolapparater