Legislator Case Law & Legislation
V K 140/15 AI generated

Court imposes immediate prison sentence for violating a suspended sentence ban on driving.

Case Number V K 140/15
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The court convicted the defendant of violating a judicial ban on driving vehicles, resulting in a one-year-and-six-month prison sentence. The defendant had previously received a suspended sentence for driving without a license and failed to appear in court, leading to a default judgment. The court rejected the possibility of a suspended sentence due to the defendant's history of reoffending during probation periods and his failure to respect prior court orders.

Legislator headnote

AI generated

Art. 244 kk; Art. 63 § 1 kk: Violation of a judicial ban on driving constitutes a misdemeanor punishable by imprisonment, and the court must deny a suspended sentence when the offender demonstrates a lack of positive criminological prognosis through repeated offenses during probation.

Keywords

AI generated
violation of judicial ban suspended sentence revocation default judgment procedure positive criminological prognosis immediate imprisonment sentence misdemeanor under kk court costs allocation

Cited Legislation

AI generated
Art. 244 kk
Art. 63 § 1 kk
Art. 479 § 1 kpk
Art. 627 kpk

Cited Case Law

AI generated
Wyrok Sądu Apelacyjnego we Wrocławiu z dnia 12 czerwca 2002 r. sygn. II AKa 182/02

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